VACHALA Vs. V R KUMAR

JUDGEMENT

(1.) Appellants, who are the widow and children of Dorairaj (the deceased), who died due to an accident caused by an auto trolley belonging to the first respondent and insured with the second respondent, have preferred a claim petition for Rs.1,50,000/-. Respondents filed counters contesting the claim petition. In support of the case of the appellants, first appellant was examined as P.W.1 and Exs.A.l and A.2 were marked. No oral evidence was adduced by the respondents but Exs.B.1 and B.2 were marked by consent. The Tribunal, having held that the accident occurred due to the rash and negligent driving of the driver of the auto belonging to the first respondent, passed an award for Rs.1,35,000/- but accepting the contention of the second respondent that it is not liable to pay compensation because the deceased was not travelling in a goods vehicle, exempted the second respondent from its liability. Aggrieved by the Tribunal, exonerating the second respondent from its liability, this appeal is preferred by the claimants.

(2.) The point for consideration is whether the second respondent is liable to pay the compensation payable to the appellants?

(3.) The contention of the learned Counsel for the appellants is that since the deceased was travelling as the representative of the owner of the goods in a goods vehicle, he is covered by Section 147 of the Motor Vehicles Act, 1988 (the Act) and so the insurer also is liable to pay the compensation payable to the appellants. The contention of the learned Counsel for the second respondent is that since insurance of the offending vehicle does not cover the risk of any passenger and since Ex.B.2, a true extract of the permit ('B' Register) issued in respect of the offending vehicle, shows that only driver can be the person that can travel therein, question of anybody else (apart from the driver) travelling in the offending vehicle either as a owner or authorized representative of the owner of the goods does not arise for the second respondent being made liable for payment of compensation to the victim or his legal representatives.