M.Y.EQBAL, J. - (1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the judgment and award passed by the Motor Vehicles Accident Claims Tribunal, Jamshedpur in Compensation case no. 53/2004 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 travelling in a goods vehicle alongwith his goods and met with an accident before the Amendment Act 1994 came into force, the Insurance Company is liable to pay compensation. Mr. G.C. Jha, learned counsel appearing on behalf of the appellant Insurance Company submitted that Motor Vehicles Act was amended in 1994 with effect from 14.11.1994 by which in case of death of a person travelling in a goods carrying vehicle with his goods, the Insurance Company shall be held liable. Since the accident took place before the amendment came into force, the Insurance Company is not liable to pay the compensation amount. Learned counsel relied upon a decision rendered in the case of New India Assurance Co. Ltd. vs. Asha Rani and others [2003(2) SCC 223] and in the case of National Insurance Company Ltd. vs. Ajit Kumar and others, 2003(9) SCC 668.
(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.;