NEW INDIA ASSURANCE COMPANY LIMITED Vs. MEERA DEVI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 6.8.2009 delivered by learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, which held the Insurance Company liable to pay the awarded amount.

(2.) The only question raised in the appeal is that the claimants have failed to prove that the deceased was travelling in the vehicle in question as owner of the goods. Mr. Sanjeev Sood, learned Counsel for the Insurance Company submits that there is no pleading in the claim petition that the deceased was owner of the goods. He has relied upon a decision of learned Single Judge in Oriental Insurance Co. Ltd. v. Maya and Ors., 2009 ACJ 2419 and urges that in the absence of any pleadings, the Insurance Company could not be held liable.

(3.) There is no doubt that in the claim petition there is no pleading that the deceased was travelling as owner of goods. As urged by Mr. Sanjeev Sood even in the FIR there is no mention of any goods being carried in the vehicle in question. However, the fact is that the owner and the driver of the vehicle in the reply had taken a specific plea that the vehicle which is a goods vehicle was hired by deceased Neel Mani from Shingla to Besri to carry his household goods, mattresses and angles iron. In fact, even in the reply of New India Assurance Company there is no specific defence taken that the deceased was travelling in the vehicle as gratuitous passenger.