NEW INDIA ASSURANCE CO LTD Vs. IMLIBAI

JUDGEMENT

(1.) THIS appeal is directed against an order dated 18-9-1998 passed by Motor Accident Claims Tribunal, Sendwa (West Nimar) in Claim Case No. 21/1996.

(2.) THE accident took place on 27-12-1995, when the deceased Magan was going to Haat for selling his articles and was hit by the offending vehicle registration No. M. P. M. 3483 resulting into his death. Consequently, his dependents filed a claim petition for compensation for the death of the deceased. The objection of the Insurance Company that the deceased was carrying luggage and not goods, is not at all sustainable. The deceased was going to Haat for selling his goods. They were goods, meant for sale at Haat. Consequently, the case is squarely covered by the decision of Apex Court in 2000 (2) MPHT 340 = AIR 2000 SC 235 (New India Assurance Co. Ltd. Vs. Satpal Singh and others ).

(3.) CONSEQUENTLY, there is no merit in the appeal and the same is dismissed.