NATIONAL INSURANCE CO.LTD Vs. ASHA RANI

JUDGEMENT

(1.) ALL the appeals are by the Insurance Company to make a plea that the deceased persons and one injured were all passengers in a goods vehicle and the compensation arising from the death and injuries cannot leave a trail of claim against the insurer. It is also contended that the policy was an Act Policy and the liability to cover the risk was only for third parties and not for any passenger in a goods vehicle. The vehicle itself had been insured only as a goods vehicle.

(2.) THE contention in the claims were that the deceased persons and the injured person were all travelling towards Haridwar for a mela for preparation of food items for the mela. Therefore, the attempt was to say that they were accompanying some food items which were being transported. The insurance company relied on the fact that the police had not recovered any goods from the spot when they seized the vehicle after the accident. The Tribunal found that the compulsory insurance for third party under Section 147 includes a compulsory cover to owner of the goods travelling along with the goods and consequently the deceased persons and the injured person must be taken as authorised persons travelling along with their goods.

(3.) THE compensation assessed on the insurance company was therefore not justified. The entire amount of compensation ought to have been directed only as payable by the owner of the vehicle and the driver who had been guilty of his negligent act.