ORIENTAL INSURANCE CO LTD Vs. SIYARAM

JUDGEMENT

(1.) This appeal is filed by insurance company praying therein that the insurance company is not liable to indemnify the owner of the vehicle under section 147 of the Motor Vehicles Act. No other finding recorded by Claims Tribunal is challenged in this appeal.

(2.) Counsel for appellant submitted that deceased Rakesh was travelling in a goods vehicle and, therefore, insurance company is not liable to indemnify the owner of the vehicle.

(3.) On the other hand, counsel for the respondents-claimants submitted that the deceased was travelling with his goods in the vehicle, therefore, insurance company is bound to indemnify the owner of the vehicle. Both the counsel relied upon the judgment in the case of New India Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC) and counsel for respondents submitted that since the deceased was travelling with his goods in the vehicle, the insurance company is liable to indemnify the owner of the vehicle. However, both the counsel agreed that it was a transport vehicle.