NEW INDIA ASSURANCE CO. LTD Vs. SUMITRA MAHTO

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the judgment nd award passed by the Motor Vehicle Accident Claims Tribunal, Jamshedpur in Compensation case No. 53/200 whereby he has awarded compensation of Rs. 2,24,000/ - and directed the appellant -Insurance Company to pay the said amount.

(2.) THE only question that falls for consideration in this appeal is as to whether in a case where the deceased was traveling in a goods vehicle along with his goods and met with an accident before the Amendment Act, 1994 came into force, the Insurance Company is liable to pay compensation.

(3.) LEARNED Counsel appearing on behalf of the owner of the vehicle on the other hand, submitted that since no such defence was taken before the Tribunal, the appellant cannot be allowed to raise that point in this appeal.