NATIONAL INSURANCE COMPANY LTD Vs. R ILANGO

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the lower Court in M.C.O.P. No: 1220 of 2001 dated 17.02.2003 preferred by the insurance company challenging the award passed against it.

(2.) THE brief facts submitted by both the parties before the lower Court are as follows :

(3.) THE learned counsel for the respondent / claimant would submit in his argument that the accident had happened on 28.10.2001 and the amended Motor Vehicles Act namely Act 54 of 1994 is applicable to the present case and in accordance with the said enactment, the claimant who was accompanying his goods in the mini auto was also entitled to the compensation for the injuries sustained by him in the accident. He would further submit in his argument that the liability of the insurer was decided in various pronouncements of our Supreme Court and the claimant cannot be classified as a gratuitous passenger as he had accompanied the goods in the vehicle involved in the accident. He would further submit that the said factum of accompanying the goods by the claimant was clearly proved through documentary evidence in Ex.A.1 - F.I.R. and evidence of the investigating officer of the insurance company namely R.W.1. THErefore, Section 147 (1) of the Motor Vehicles Act is applicable to the present case. He would cite an authority reported in 2001 A.C.J. 1565 [Ramesh Kumar vs. National Insurance Co. Ltd. and others] and 2004 A.C.J. 428 [National Insurance Co. Ltd. vs. Baljit Kaur and others] in support of his case. He would further submit that the calculations made by the lower Court assessing the compensation for permanent disability and on other heads are justifiable and was based upon the evidence adduced by the petitioners before the lower Court. THErefore, he would submit that the appeal preferred by the insurance company is devoid of merits and is liable to be dismissed with costs.