SABINA,J. - (1.) Appellant has filed this appeal, challenging the award dated 20.12.1995 passed by the Tribunal, whereby, appellant was directed to indemnify the insured.
(2.) Learned counsel for the appellant has submitted that the injured respondent no. 1 was travelling in a trolley attached to a tractor after paying the necessary fare. Tractor-trolley in question had been insured with the appellant but the same could have been used for commercial purposes and could not be used for carrying passengers. In these circumstances, the insurance company was liable to be absolved of its liability to indemnify the insured in view of the decision of the Hon'ble Supreme court in New India Assurance Company Limited v. Asha Rani and ors. 2003 Accidents Claims Journal Page-1 , wherein, it has been held as under:- "It is held that the insurer will not be liable for paying compensation to the owner of goods or his authorised representative on being carried in a goods vehicle when that vehicle meets with an accident and the owner of goods or his representative dies or suffers any bodily injury."
(3.) None has appeared on behalf of the respondents despite service.;