NATIONAL INSURANCE CO LTD Vs. KARNABHAI RAMDEBHAI CHAVDA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act [the Act for short] is at the instance of the National Insurance Company Limited and is directed against an award dated 19th June 2003, passed by the M.A.C.Tribunal [Main], Jamnagar, in Claim Petition No. 211 of 1996, thereby partly allowing the claim -petition under section 166 of the Act, and awarding an amount of Rs. 56,100/ - with interest at the rate of 9% p.a. from the date of filing of the application till the deposit of the said amount with proportionate cost, for the injury sustained by the claimant.

(2.) THE only question raised by Mr. Sood, the learned advocate, appearing on behalf of the appellant -insurance company is that his client, who is the insurer had no liability to pay the amount as the victim had failed to prove that he was travelling in a goods carriage vehicle in question as the owner of the goods.

(3.) ACCORDING to Mr. Sood, the vehicle in question was covered by commercial B policy and the vehicle in question was an autorickshaw delivery van and thus, unless it is established that the claimant was travelling in such a van as the owner of the goods, there is no scope of accepting the liability at the instance of the insured as the vehicle in question was a goods vehicle and the claimant including the other member of the family were travelling as passengers in the said goods vehicle.