BASHEER MOHAMMAD Vs. GEETA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Chamba in MAC Petition No. 97 of 2004, decided on 21.4.2006. The claimants filed a claim petition claiming that they were the legal representatives of late Ishwar Chand, who died in a motor vehicle accident involving truck No. HP-37-2303 which took place on 30.7.2004. It was alleged that the deceased, Ishwar Chand was traveling in the truck as owner of the goods. The learned tribunal held the claimants entitled to compensation of Rs.

(2.) ,35,000/-. It, however, came to the conclusion that the vehicle in question was only covered for 3rd party loss and no premium was paid for covering the loss to the owner of the goods and, therefore, the Insurance Company is not liable to indemnify the awarded amount. The learned tribunal following the judgment in National Insurance Company Ltd. Vs. Baljit Kaur and others (2004) 2 SCC 1 directed the Insurance Company to deposit the awarded amount and held it entitled to recover the same from the owner-insured. 2. In this appeal filed by the owner the challenge is only qua this finding recorded by the learned tribunal. Mr.Tarlok Chauhan, learned counsel for the appellant, has submitted that after the amendment of the Motor Vehicles Act, 1988 by the amendment Act of 1994, the coverage to the owner of goods is part of the Act policy itself and there can be no policy of insurance which does not cover the liability to the owner of the goods. He further submits that even in Baljit Kaur's case cited by the learned tribunal, the Apex court has clearly held that after 1994 the policy of insurance could cover liability in respect of the owner of goods or his authorized representative. The Apex Court has held as follows:-

(3.) A bare reading of this provision shows that the Insurance Company is statutorily bound to cover the liability in respect of owner of the goods or its authorized representative carried in the vehicle. It is manifest that the learned tribunal has neither cared to go through the judgments in this behalf nor has even cared to read the bare provision of the Motor Vehicles Act, 1988. The award of the learned tribunal being totally illegal and against law is accordingly modified and it is held that the Insurance Company is liable to indemnify the insured for the loss and is not entitled to recover the same from the insured. No costs.