The main legal point established in the judgment is the interpretation of the provisions of Sec. 95(1)(b), proviso (ii) and proviso (i) of the Motor Vehicle Act, and the scope of the insurance cover for third-party risk.

( 1 ) A question very unusual in nature arises in this appeal by a non-suited claimant in a motor accidents claim pertaining to the death of the claimant's adult son in an accident that occurred on the 20th of March, 1977 at about 10-00 a. m. at a place called Doddabathi near Davanagete City in the district of Chitradurga. As a result of the mishap, the claimant's 27 years old son Bopanna alias Harish, sustained severe injuries to which he later on succumbed to the at C G. Hospital, Davanagere on the 21st of March, 1977.

( 2 ) ANENT to his death the question that arises for consideration is, can a claim for compensation under "act policy" be pressed against the insurer of the motor vehicle where the accident- victim is the representative or agent-in this case also the son-of the ownercum-person insured of the vehicle involved in the accident ? tracing back the proposition, the question would be whether the insurer under the 'act Policy' liable for compensation for the death of the insured-owner of the vehicle, while travelling with his own goods in his own vehicle. If the insurer is not then, an agent or representative of the owner so travelling would be in no better position-unless such a person is a "workman" travelling in the vehicle in the course of employment. The answer to this question, however, interesting academically, is not, perceived by the fall-out from this exercise, likely to bring to the grieving next of kin any solace with the dismissal of the claim by the Tribunal.

( 3 ) BEFORE we go into this, question, leading to this unpalatable result, it is necessary to state a few facts that have led up to this appeal, which has certainly has had a checkered career bearing almost the appearance of being jinxed from the very beginning.

( 4 ) THE claimant is one Akkawa, wife of Mandanna and has since become his widow lollowing his death in the month of March, 1987. Mandanna, was running a Goods carriage service at Pune under the name and style of New Good- luck Transport Co. , which as facts of this case would indicate appear to have not brought any share of good luck to him or to his family. Mandanna and Akkawwa had only one son Bopanna alias Harish, who on the date of his death was round about 27 years old and also gainfully employee in a private concern at Bombay as a lesser official drawing a salary of rs. 950/- per mensem. On the ill-fated day the deceased bopanna was travelling in his father's lorry bearing No. MHQ 2883 duly insured with M/s New India Insurance Co. , the sole contestent of this appeal as well as the claim case in the court below. The lorry it would appear was carrying, a load of cement that admittedly belonged to Mandanna, the owner of the goods- vehicle. Indeed the case which the claimant did not put forward at the beginning and tried to plead at a late stage is, that Bopanna was carrying his father's goods in the former's own lorry under instructions from the father and was fatally injured en route, because of the dri- ver's folly. It was urged, that the claimant was entitled to be compensated by the insurer with whom the vehicle was duly insured on the date of the accident. In effect the claim by the mother of the deceased person is against her own husband and his insurer. The relationship, by itself, is not determinable. The crucial question is whether the deceased bopanna while accompanying his father's goods in the father's own vehicle was such person the risk arising out of whose death is compulsorily insurable under, the Motor Vehicle Act, so as to render the insurer liable. This claim against the insurer has been turned down by the Tribunal for want of proof apart from belatedness. The question before us would ultimately be whether the Tribunal was right in not upholding the case of the claimant as aforesaid.

( 5 ) TO continue the narrative owing to a hazard on the road near the village doddabathi within the vicinity of Davana- gere city, the lorry met with an accident seve