The court emphasized that in order to be covered by insurance, the goods vehicle must be loaded substantially, and the persons traveling must be either the owner or authorized representative of the goods.

JUDGMENT :

MFA Nos.22558/2011, 22065/12 and MFA No.24601/12 are filed by the Insurance Company challenging the liability fastened on the Insurance Company.

2. Undisputed facts in this case are that 12 persons have travelled in the mini lorry on 26.01.2009 at 5.30 am for making paddy into rice in the mill and after converting the paddy into rice and while returning in the same mini lorry, the driver of the said lorry drove the same in high speed and rash and negligent manner and caused accident. Due to which one person died and two persons have sustained injuries. Therefore, injured claimants and legal representatives of deceased filed claim petition under Section 166 of MV Act for claiming compensation and Tribunal has awarded compensation by fastening the liability on the appellant-insurance company.

3. Heard the learned counsel for the parties and perused the material available on record.

4. The learned counsel for the appellant-insurance company submitted that the quantity of paddy is taken for making it as rice is only 80 Kgs and vehicle used is a mini lorry and therefore, the claimants and deceased have not travelled in the mini lorry along with goods and also cannot be treated as an authorized representative of goods. Therefore, submitted that these are gratuitous passengers in the lorry. Hence, the insurance company is not liable to pay the compensation by indemnifying the owner and hence prays to saddle the liability on the mini lorry driver to pay compensation.

5. On the other hand, learned counsel for the respondents-claimants and owner of the lorry have justified the judgment and award passed by the Tribunal.

6. In the complaint and FIR, it is stated that there are totally 12 persons who have travelled in the said mini lorry for converting paddy into rice and after making rice from the paddy and while returning so met with accident and one of the person travelled in the lorry died in the accident and others have sustained injuries.

7. The vehicle used is mini lorry. In order to attract Section 147 of the Motor Vehicle Act, 1988, there must be proof that the person travelled in the goods carriage vehicle is either as owner of the goods or as an authorized representative of owner of goods. Here, as per Ex.P6, which is a receipt issued by the owner of mill, 80kgs paddy was converted into rice. There were 12 persons travelling in the mini lorry. It cannot be certainly said that 12 persons are authorized representative of 80Kgs rice or owner of the 80 Kgs rice. Three claim petitions are filed. Two are by injured claimants and one is by legal heirs of the deceased. Even these three persons cannot be said that they have travelled in the said mini lorry along with 80 Kgs of rice being owner or authorized representative of owner of the said 80 Kgs rice. Compared to mini lorry and quantity of rice carried is only 80 Kgs and this disproportionate material certainly prove the fact that the claimants and deceased cannot be said that they have travelled along with the goods. What is ‘goods’ is defined under Section 2(13) of MV Act, 1988. Therefore, it is highly unbelievable that twelve persons have travelled in the goods carriage as owner or authorized representative of goods of 80 Kgs rice. Therefore, Section 2(13) of MV Act, 1988 reads as follows.

“Section 2(13) in The Motor Vehicles Act, 1988 (13) “goods” includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;”

8. Section 147(1)(b)(i) of M.V. Act reads as follows:

“(1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which—

(a) is issued by a person who is an authorised insurer; and

(b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2