NEW INDIA ASSURANCE CO Vs. HOSHIAR SINGH

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award dated 18th May, 2005 of learned Motor Accident Claims Tribunal, by which compensation for the death of a young boy, aged about 14 years, has been awarded in favour of his parents, i.e. respondents Hoshiar Singh (father) and Sushila Devi (mother), and the present appellant, i.e. the insurer of the vehicle, in the accident of which the death took place, has been fastened with the liability to pay the compensation.

(2.) DECEASED was travelling by a Jeep, which was meant for carriage of goods, on 4th December, 2003. Vehicle met with an accident, in which the deceased died. Petition was filed by the parents of the deceased, under Section 166 of the Motor Vehicles Act. Owner of the vehicle took the plea that beddings of the members of a marriage party were being carried in the vehicle and the deceased was travelling by that vehicle to ensure the safe carriage of the bedding and, thus, he was an authorised representative of the owner(s) of the goods, being carried in the vehicle.

(3.) LEARNED Tribunal concluded that the deceased was authorised representative of the owner of goods, being carried in the vehicle, at the time of the accident and so insurer was liable, under Section 147 of the Motor Vehicles Act, to pay compensation. A sum of Rs. 2,20,000/ - was assessed as quantum of compensation and both, the owner and the present appellant, in its capacity as insurer, were required to satisfy the award, jointly and severally.