JAGDISH CHAND SHARMA Vs. BACHAN SINGH

JUDGEMENT

(1.) The following questions have been referred for decision to the Full Bench :- 1. What meaning should be assigned to the phrase "any property of a third party" occurring in Ss. 147 and 165 of the Motor Vehicles Act, 1988? 2.Whether the goods of a consignor/consignee being carried in a goods vehicle can be termed to be property of a third party?

(2.) The claimants in both these appeals filed claim petitions before the Motor Accident Claims Tribunal, Shimla under S. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') in which compensation was claimed for loss of goods being carried in a truck. In both the cases, the owner of the goods was travelling along with the goods in the truck.

(3.) In FAO No. 97 of 1999, the learned Tribunal awarded compensation for the personal injuries suffered by the owner but rejected the claim with regard to the goods being carried in the vehicle.