NATIONAL INSURANCE COMPANY Vs. THAKOR KANTIJI TALAJI

JUDGEMENT

(1.) Heard learned advocate Mr. Dakshesh Mehta for the appellant. Learned advocate Mr. Ankit Shah and learned advocate Mr. A. V. Prajapati for the concerned respondents remained absent. Though served, none appears for and on behalf of respondent No.6. Perused the record.

(2.) The facts in brief are as under:

(3.) Learned advocate for the appellant has submitted that deceased was a gratuitous passenger and from the Panchnama vide Exh.30, it transpires that no goods were found at the place of accident which clearly indicates that the deceased was not carrying any goods at the time of accident. It is further contended that the policy is a commercial vehicle policy and if the driver and owner of the jeep has allowed passengers in the vehicle, the risk is not covered under the policy and, therefore, insurance company cannot be held liable. It is further contended that in the FIR at Exh.29, it is stated that deceased alongwith other persons had travelled, by carrying castor seeds and while in the return journey, deceased was having grocery material. It is further submitted that the grocery does not fall within the definition of goods as per Sec. 2(13) of the M.V. Act.