Icici Lombard General Insurance ... vs Dontha Gangamma,
2022 Latest Caselaw 6427 Tel

             THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                       M.A.C.M.A. No. 3290 of 2014

JUDGMENT:

ICICI Lombard General Insurance Company Limited,

respondent No. 3 before the Tribunal, filed this appeal assailing the

order and decree, dated 15.05.2014 passed in M.V.O.P.No.130 of

2010 on the file of the Chairman, Motor Accidents Claims Tribunal-

cum-Judge, Family Court-cum-Additional District Judge at

Karimnagar, whereby a compensation of Rs.4,71,800/- with interest

at the rate of 7.5% per annum, has been awarded to be paid by the

owner of the crime vehicle i.e., respondent No. 5 herein and the

insurer, the appellant herein on account of death of the deceased,

Dontha Mallaiah, in the accident that occurred on 31.05.2008 which

took place as a result of turning turtle of auto trolley bearing No. AP

15X 8822, being driven by respondent No. 4 herein in a rash and

negligent manner. The challenge in this appeal is on the ground of

liability.

2. Learned counsel for the insurer submits that admittedly, the

offending vehicle is a goods vehicle; that Ex.B. 1 policy covers only

one person i.e., driver, that no premium was paid to cover the risk of

the passengers; that the deceased was not the owner of the goods

vehicle, but the Tribunal grossly erred in fastening the liability on the

insurer. It is contended that the tribunal grossly erred in relying

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upon the police report and the charge sheet to conclude that the

deceased was owner of the goods and in fact, the deceased was not

carrying any goods but was traveling as passenger. He, therefore,

prays that the impugned award should be set aside in so far as

holding the insurer to be liable to satisfy the award.

3. The learned counsel for the claimants, per contra, supported

the award and decree passed by the Tribunal and fastening the

liability on the Insurance Company to pay the compensation and

contended that even in the cross-examination, R.W.2, the Legal

Manager of the Insurance Company, clearly admitted that the

deceased was traveling on the offending vehicle as owner of the

goods.

3. The finding of the Tribunal with regard to the manner in which

the accident took place has become final as the same is not

challenged by either of the respondents. A perusal of the impugned

award discloses that R.W.1, the owner of the offending vehicle,

deposed that the driver, respondent No. 4 herein, was having valid

driving licence and the vehicle was covered by Ex.B. 1 policy.

4. As regards the liability of payment of compensation, it is no-

doubt true that if any person, other than the owner of the goods

traveled in the insured vehicle (goods vehicle), the insurer would not

MGP, J Macma_3290_2014

be liable. However, as seen from the evidence, R.W.2, the Legal

Manager of the Insurance Company, clearly admitted in the cross-

examination that after completion of investigation, police laid the

charge sheet wherein the deceased was shown as owner of the goods.

Even though R.W.1, the owner of the offending vehicle, was

examined on behalf of insurance company, in this regard, nothing is

elicited in his evidence. Thus, as per the own evidence of the

insurance company coupled with documentary evidence, Ex.A.2, it

was established that the deceased was traveling on the offending

vehicle as the owner of the goods. Admittedly, the vehicle involved in

the accident is a goods carriage vehicle and not a Contract

Carriage Vehicle. Insofar as the goods carriage vehicle is

concerned, Section 147 of the M.V. Act makes an exception, to the

passengers, who accompany the goods, as owners or their

representatives. As per Section 147 of the Motor Vehicles Act,

liability to pay compensation to the owner of the goods or his

authorised representatives, travelling in a Goods Vehicle, is covered

under Act Policy. The provision amply makes it clear that there is no

total prohibition, as to the coverage of liability for the

persons travelling in a Goods Vehicle, other than the owner of

the goods or his representative. The insurer is absolved of its liability

from payment of Compensation only, in the case, where the injuries

MGP, J Macma_3290_2014

or death occurred to an individual, travelling in

the goods carriage vehicle, not in the capacity as owner of goods.

Therefore, this Court is of the view that the tribunal has rightly

rejected the contention of the Insurance Company in this regard and

no ground is made out to interfere with the impugned order of the

tribunal.

5. In the result, the appeal stands dismissed. No order as to

costs.

Miscellaneous petitions, if any pending in this appeal, shall

stand closed.

___________________________ JUSTICE M.G.PRIYADARSINI

05.12.2022 Tsr

MGP, J Macma_3290_2014

THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 3290 of 2014

DATe: 05-12-2022