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2007 Supreme(Kar) 326

V.JAGANNATHAN
NATIONAL INSURANCE COMPANY LIMITED, BANGALORE – Appellant
Versus
AISHABI – Respondent


Advocate Appeared.
Sri M. Sowri Raju, Advocate for Appellant;
Sri Chidambaram and Sri R. Gopal, Advocates for Respondent-2.

JUDGMENT

Whether a person travelling in a goods. vehicle without the goods being carried by him can be brought within the expression "owner of the goods" under Section 147 of the Motor Vehicles Act, 1988 ('1988 Act' for short) and therefore, the Insurance Company is liable, is the question that calls for an answer in this appeal.

2. The facts briefly stated are to the effect that one Mohammed Isaac travelled in the lorry bearing No. KA-20/2911 with fish boxes and the journey started from Sagar and after unloading the fish boxes at Bhadravathi, the vehicle was returning to Sagar and the said Mohammed Isaac travelled back in the said lorry. On the way near Kone Hosur, on account of the driver of the lorry losing control of the vehicle, the accident occurred and the lorry fell upside down. Mohammed Isaac and other passengers who were in the lorry sustained injuries and Mohammed Isaac died subsequently. The claim petition filed by the mother of the deceased Mohammed Isaac was allowed by the Motor Accident Claims Tribunal, Sagar, quantifying the compensation at Rs. 2,18,000/-. The liability was put on the appellant-Insurance Company. Aggrieved by the said award of the Tribunal, the Insura




















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