CHEEKATI NAGES RAO Vs. G RAMA RAO

JUDGEMENT

(1.) Alleging that he received injuries while travelling in the lorry bearing No.APH-2933 belonging to the first respondent and insured with the second respondent, due to the rash and negligent driving of the lorry driver, appellant filed a claim petition seeking Rs.50,000/- as compensation from the respondents. After contest by the respondents, the Tribunal passed an Award for Rs.25,000.00 against the first respondent only and exonerated the second respondent from its liability on the ground that appellant was travelling as passenger in a goods vehicle.

(2.) The contention of the learned Counsel for appellant is that since the appellant was travelling with a deflated tyre to get it repaired, he should be treated as a passenger travelling with his goods, who also is covered by the insurance, second respondent also should be made liable to pay the compensation awarded by the Tribunal, more so, because in New India Assurance Company Limited v. Kamala, 2001 ACJ 843, it is held that even cases where there is a breach with conditions of the policy by the insured, the insurer has to pay the compensation to the claimants and recover that amount from the owner.

(3.) Appeal against the first respondent was dismissed for default for non-compliance of the Order dated 27-8-2002. There is no representation on behalf of the second respondent.