NEW INDIA ASSURANCE CO LTD Vs. MATHAI

JUDGEMENT

(1.) This appeal is filed by the insurer impugning the award in O.P. (MV) No. 270 of 1996 of the Motor Accidents Claims Tribunal, Perumbavoor.

(2.) It is contended that the deceased was travelling in a goods vehicle and that he was not the employee of the owner, the insured. He was also not the owner of the goods carried in the vehicle or the representative of the owner of the goods. Therefore, he cannot be said to be covered by an Act only policy issued by the appellant covering the vehicle involved in the accident.

(3.) The contention of the claimants before the Tribunal was that the deceased was a headload worker being carried in the goods vehicle in question bearing registration No.KL - 01/8422, as noted by the Tribunal below, "in connection with the loading and unloading work". It was at that time the accident occurred.