H.D.F.C. Ergo General Insurance ... vs Manoj Kumar And Others
2013 Latest Caselaw 103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- FIRST APPEAL FROM ORDER No. - 833 of 2013
 
Petitioner :- H.D.F.C. Ergo General Insurance Co. Ltd.
 
Respondent :- Manoj Kumar And Others
 
Petitioner Counsel :- Pranjal Mehrotra
 

 
Hon'ble Rajes Kumar,J. 

Heard learned counsel for the appellant.

This is an appeal filed by the insurer of a Truck, bearing registration No. U.P.-15-AT-2440, challenging the order of the Tribunal dated 21.12.2012 by which the Tribunal has awarded the compensation at Rs.34,785/=. 

The argument advanced by the learned counsel for the appellant is that only two persons are covered under the policy within the ambit of licensed carrying capacity while the injured was traveling in a goods carrying vehicle alongwith goods and other persons, therefore, he is not covered under the policy and as such the insurance company is not liable to indemnify the liability.

I do not find substance in the argument of learned counsel for the appellant. 

Section 147 of the Motor Vehicles Act  provides requirement of polcy and limits of the liability wherein it has been provided that in order to comply with the requirements of this Chapter, a policy of insurance must be a policy which insures the persons or classes of persons specified in the policy to the extent specified in sub-section (2) (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place.  Therefore, it is implied that the policy covers the liabilty incurred in respect of the injuries to the person, who is the owner of the goods or his authorised representative. 

There is no dispute that the injured is the owner of the goods, which was being transported.  In the policy, under the head licensed carrying capacity-two persons, mentioned in the licensed carrying capacity, refers to two persons apart from the owner or the authorised representative of the goods.  So far as the owner or the authorised representative are concerned, they are deemed to be covered under the policy, under Section 147 of the Act.

In view of the above, the Appeal has no merit and it is, accordingly, dismissed.

The appellant is directed to deposit the entire amount of compensation in the concerned Tribunal within two months and the Tribunal is directed to release the same to the claimants within a month thereafter.

The office is directed to remit back the statutory amount deposited within four weeks.

Order Date :- 2.4.2013/bgs/