NATIONAL INSURANCE CO LTD Vs. KOVVURI SATYANARAYANA

JUDGEMENT

(1.) THEORIENTAL Insurance Company Limited is the appellant in these two miscellaneous appeals. The appellant disputes its liability to compensation amount awarded in these two awards in question, on the ground that claims of the claimants in these two cases are not covered by Ex.B1 insurance policy issued by the appellant to owner of lorry which was involved in this accident while transporting a proclainer in body of that lorry. At this stage, there is no dispute of facts to the effect that Tripper Trailer Lorry bearing No.AP 27 T 6436 was transporting a prolcainer from Ellareddigudem towards Guntur and that operator of the Proclainer by name Netala Raju was sitting in cabin of that lorry and that Simchalam and Kovvuri Ramana who were Supervisor and Helper on the Proclainer were sitting in the Proclainer which was loaded in the trailor of the lorry and that the lorry with trailor turned turtle due to rash and negligent driving of that lorry by its driver and that Simhachalam and Ramana fell under the proclainer and died on the spot and that operator Netala Raju and driver of the lorry sustained injuries. Dependents of two deceased persons viz., Simhachalam and Ramana are the claimants before the Motor Accidents Claims Tribunal-cum-VI Additional District Judge (Fast Track Court), Rajahmundry in MVOP Nos.574 and 575 of 2003. After due enquiry in which PWs.1 to 4 were examined and Exs.A1 to A11 and Exs.B1 to B3 marked, the lower Tribunal awarded compensation of Rs.2,60,000/- and Rs.2,08,800/- to the claimants in the, respective claims against driver, owner and the insurer (appellant herein) of the accident lorry. No appeals are filed by the claimants or owner of the lorry.

(2.) THE appellant's Counsel contended that the two deceased persons viz., Simhachalam and Ramana were unauthorised passengers in the accident lorry and that therefore, the insurance-company is not liable to indemnify the lorry owner as claims relating to deaths of unauthorised passengers or even fare paid passengers are not covered by Ex.B1 insurance policy. On the other hand, it is contended by the Counsel for the respondents 1 and 2 that both the deceased were travelling in the accident lorry as agents of owner of the goods i.e., proclainer being transported in the accident lorry and that therefore, claims relating to their deaths are covered by Ex.B1 insurance policy and that the appellant insurance-company cannot absolve its liability to pay compensation.

(3.) IN National INsurance Company Limited v. Cholleti Bharatamma, 2008 ACJ 268, it was held that INsurance Company is liable to pay compensation for death of a fare paying passenger in a goods vehicle. IN the same decision, the Supreme Court also considered alternative argument of the claimants that the deceased was travelling in the goods vehicle as owner of goods being carried in that vehicle. While holding that the insurance company cannot absolve its liability to pay compensation for death of owner of goods which were being transported in that goods vehicle when he was travelling therein as owner of the said goods, the Supreme Court made the following clarification as to who is to be reckoned as owner of such goods and where he is expected to be seated, by observing as follows :