- (1.) HEARD learned counsel for the parties on review petition.
(2.) LEARNED counsel for the review petitioner is owner of the vehicle by which accident was caused. According to the learned counsel for the review petitioner the Division Bench committed error which is apparent on the face of the order dated 20.03.2009. It is submitted that in para -4 of the impugned order the Division Bench has taken note of the facts stated in the Award passed by the Motor Accident Claims Tribunal and it has been held in the said Award that deceased was travelling in the vehicle not merely as passenger to the said truck but had boarded the same for carrying vegetables. However, while deciding the appeal against Award, in para -7 the Division Bench has observed that the deceased was travelling as a passenger alongwith other persons in a goods carrying vehicle and therefore, the Insurance Company cannot be held liable to pay compensation.
(3.) ACCORDING to the learned counsel for the petitioner, the person who is carrying his goods or who has boarded in the goods vehicle to carry goods is covered in view of Section 147(i) B.;