Case Note & Summary
The appeal was filed by the United India Insurance Company Limited challenging the judgment and award dated 23.6.2003 passed by the Motor Accident Claims Tribunal, Chandrapur in Motor Accident Claims Petition No.200/1997. The claim petition arose from a motor vehicular accident that occurred on 21.2.1997 involving a matador (goods carriage vehicle bearing No. MH-35-2443) which turned turtle due to rash and negligent driving, resulting in fatal injuries to Dinesh Sikadar. His widow Shikha and two minor children filed the claim petition. The insurance company defended on the ground that there was a breach of the insurance policy as the deceased was travelling in a goods carriage vehicle. The Tribunal awarded compensation. In appeal, the High Court examined the evidence, particularly the deposition of the widow who stated that she and her husband were carrying vegetables from Bamni to Ashti for selling in the market, and denied that they were fare-paying passengers. The court also noted that the police officer (P.W.2) did not state that the vehicle was carrying fare-paying passengers. The court held that the deceased was travelling as the owner of goods or his authorised representative, and therefore, the liability was covered under the Act policy. The appeal was dismissed, upholding the Tribunal's award.
Headnote
A) Motor Accident Claims - Goods Carriage Vehicle - Liability of Insurer - Deceased travelling with vegetables for sale - Held that the deceased was the owner of goods or his authorised representative, not a fare-paying passenger, and thus covered under the Act policy - Insurer liable to pay compensation (Paras 2-3).
Issue of Consideration
Whether the insurer is liable to pay compensation when the deceased was travelling in a goods carriage vehicle as an owner of goods or his authorised representative, and whether there was a breach of policy conditions.
Final Decision
The appeal is dismissed. The judgment and award dated 23.6.2003 passed by the Motor Accident Claims Tribunal, Chandrapur in Motor Accident Claims Petition No.200/1997 is upheld.
Law Points
- Liability of insurer for death of owner of goods or his authorised representative travelling in goods carriage vehicle
- Distinction between passenger and owner of goods in goods vehicle
- Breach of policy conditions not established when deceased was travelling with goods
Case Details
2012 LawText (BOM) (05) 52
First Appeal No.505 of 2003
Mr. S.N. Dhanagare for appellant, Mr. Anjan De for respondent no.1 to 4, Mr. M.P. Khajanchi for respondent no.5
The United India Insurance Company Limited
Shikha wd/o Dinesh Sikadar, Deepa d/o Dinesh Sikadar, Ramesh s/o Dinesh Sikadar, Bichamshah s/o Lachcha, Manoj s/o Gajanan Pattiwar
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal in a claim petition for compensation arising out of a motor vehicle accident.
Remedy Sought
The appellant insurance company sought to set aside the award of compensation passed by the Tribunal.
Filing Reason
The insurance company contended that there was a breach of policy conditions as the deceased was travelling in a goods carriage vehicle.
Previous Decisions
The Motor Accident Claims Tribunal, Chandrapur, by judgment and award dated 23.6.2003 in MACP No.200/1997, awarded compensation to the claimants.
Issues
Whether the deceased was a fare-paying passenger or an owner of goods/authorised representative travelling in a goods carriage vehicle.
Whether the insurer is liable to pay compensation under the Act policy for death of a person travelling in a goods vehicle.
Submissions/Arguments
Appellant (Insurance Company): There was breach of insurance policy as the deceased was travelling in a goods carriage vehicle, which is not permitted under the policy.
Respondents (Claimants): The deceased was travelling with his goods (vegetables) for selling in the market, and thus was covered under the Act policy as owner of goods or his authorised representative.
Ratio Decidendi
The deceased was travelling in a goods carriage vehicle as the owner of goods (vegetables) or his authorised representative, and not as a fare-paying passenger. Therefore, the liability is covered under the Act policy, and the insurer is liable to pay compensation.
Judgment Excerpts
Assuming that it was an act policy, the liability which is incurred by the owner in respect of the death or of fatal injury to any person including owner of the goods or his authorised representative, carried in the vehicle, is covered under the said policy.
Procedural History
The claim petition was filed before the Motor Accident Claims Tribunal, Chandrapur, which awarded compensation. The insurance company appealed to the High Court of Bombay, Nagpur Bench.
Acts & Sections
- Motor Vehicles Act, 1988:
