NATIONAL INSURANCE CO LTD Vs. BHAGWANDEEN AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Insurance Company challenging the order dated 26.5.97 passed by the Motor Accidents Claims Tribunal, Behror (hereinafter referred to as 'the Tribunal') in MACT Case No. 24/92 whereby the Tribunal has awarded Rs. 2,53,800/- with interest @ 12% per annum from the date of claim petition till realisation for the death of Dinesh, son of the respondent Nos. 1 and 2-claimants.

(2.) Heard the learned counsel Mr. Tej Prakash Sharma for the appellant. None is present for the respondents though the matter was repeatedly called out.

(3.) It has been submitted by the learned counsel for the appellant-Insurance Company that the vehicle in question was goods vehicle and was not permitted to be used for carrying any passenger. According to him the deceased was sitting on the heap of newspapers being carried in the said vehicle and fell down on road due to his own negligence. Relying upon the judgment of the Supreme Court in case of Oriental Insurance Co. Ltd. Vs. Devireddy Konda Reddy & Ors., 2003 ACJ 468, Mr. Tej Prakash Sharma submitted that since the owner of the vehicle was not statutorily liable to get its vehicle insured for any passenger travelling in the goods carriage, the Insurance Company also could not be held liable for the payment of compensation to the claimants.