NATIONAL INSURANCE COMPANY LIMITED Vs. PARIMAL GHOSH, S/O LATE GOURANGA GHOSH,; KANTI LAL GHOSH, S/O LATE GOURANGA GHOSH; MALATI GHOSH, D/O LATE GOURANGA GHOSH; MD MAMAN MIAH, S/O MD BANU MIAH; MD KABIR HOSSAIN, S/O MD MUSLEM MIAH

JUDGEMENT

(1.) The short question which arises in this appeal is whether the insurance company could have been held liable to satisfy the award.

(2.) Briefly stated, the facts of the case are that the deceased Bhanulal Ghosh was travelling in a three wheeler auto rickshaw bearing no. TR-01-L-0325. However, this auto rickshaw was not a passenger auto rickshaw but a goods auto rickshaw. The insurance claims that the deceased was a unauthorized passenger in a goods vehicle and, therefore, could not have been held liable to pay the compensation.

(3.) It appears that all the parties before the learned trial Court including the counsel for the insurance company as well as the Tribunal were under the impression that the vehicle, in question was an auto rickshaw. However, as is apparent from the registration certificate of the vehicle and policy of insurance, the vehicle though a three wheeler is not a passenger auto rickshaw but is a goods carrying auto rickshaw. It is a three wheeler goods carriage vehicle. In this behalf reference may be made to the certificate of registration whether the class of the vehicle is shown as three wheeler (goods). As far as the insurance policy is concerned, the same also clearly shows that the certificate of insurance in respect of a goods carrying three wheel and paddle cycle/ carrier.