NEW INDIA ASSURANCE CO. LTD Vs. LALNUNTHARA

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 8th October, 2002 passed by the learned Presiding Officer, M.A.C.T., Aizawl in M. A.C.T. Case No. 46 of 2000 awarding a sum of Rs. 3,74,000 with simple interest at the rate of 9% p.a. from the date of filing of the claim petition till the date of realisation and directing the Insurance Company/appellant to satisfy the said award.

(2.) WE have heard Mr. George Raju, learned Counsel for the appellant and also Mrs. Helen Dawngliani, learned Counsel for the respondent No. 1 claimant. Now appears on behalf of the respondent No. 2, owner of the vehicle, in spite of service of notice.

(3.) THE only contention put forward by the learned Counsel for the appellant Insurance Company is that the vehicle involved in the accident is a goods carrying vehicle and, therefore, the Insurance Company is not liable to satisfy the award passed by the teamed Tribunal since there is no insurance coverage in respect of the passenger carried in such goods carrying vehicle and as such the Insurance Company can maintain an appeal on the ground contained in Sub-section (2) of Section 149 of the Motor Vehicles Act. According to the learned Counsel for the appellant the deceased was a gratuitous passenger in respect of said goods carrying vehicle and, therefore, no liability to satisfy the award can be fastened on the Insurance Company.