ORIENTAL INSURANCE CO. LTD. Vs. M.BHASKARAN

JUDGEMENT

(1.) THIS appeal arises from the award dated 11.11.2010 in O.P.(MV) No. 1843 of 2003 of the Motor Accident Claims Tribunal, Thrissur.

(2.) THE first respondent was travelling in a goods autorickshaw with his goods sharing the driver's seat . The Tribunal found that the accident occurred due to the negligence of the 3rd respondent, assessed compensation payable to the first respondent, found respondents 3 and 4 and the appellant liable rejecting the plea of the appellant that it has no obligation to cover liability of a person travelling in a goods vehicle sharing driver's seat and directed the appellant to deposit the amount. That award is under challenge at the instance of the appellant/insurer.

(3.) THE argument of the learned counsel for the appellant is that since the first respondent was sharing the driver's seat, the appellant/insurer is not liable. The learned counsel argues that it is only when a seat is provided for the owner of the goods also that the policy of insurance extends to such persons. It is argued that though under Sec.147(1) of the Act of the Motor Vehicles Act (for short, "the Act") it may be contended that the owner of the goods is required to be covered by the policy of insurance, the Act does not say anything as regards situations where no additional seat is provided in the goods vehicle and the owner of the goods is sharing the driver's seat. The learned counsel has placed reliance on the decision in United India Insurance Company Ltd. V. Suresh (2008(4)KLT 552.