UNITED INDIA INSURANCE CO LTD Vs. VELAYUDHAN

JUDGEMENT

(1.) This appeal is preferred against the award passed by the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV) No. 1298 of 2003. It is the case of the claimant that while after unloading the rice belonging to Mahima Modern Rice Mill, of which he is an employee and while the lorry was returning back it met with an accident resulting injuries to him.

(2.) On the other hand, the Insurance Company would contend that he was not the owner of the goods or the representative of the owner of goods and, therefore, contended that the status of the claimant would be that of a gratuitous passenger not covered by the policy and so the Insurance Company is not bound to indemnify.

(3.) The learned Tribunal, on exhaustive consideration of the materials held that the claimant was returning after unloading the goods and, therefore, he has to be considered as a representative of the owner of the goods and extended the benefit under Section 147 (1) of the Motor Vehicles Act and directed the Insurance Company to pay the amount.