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2010 Supreme(Ker) 922

M.N.KRISHNAN
United India Insurance Co. Ltd. – Appellant
Versus
Velayudhan – Respondent


JUDGMENT

This appeal is preferred against the award passed by the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV) No.1298 of 2003. It is the case of the claimant that while after unloading the rice belonging to Mahima Modern Rice Mill, of which he is an employee and while the lorry was returning back it met with an accident resulting in injuries to him.

2. On the other hand, the insurance company would contend that he was not the owner of the goods or the representative of the owner of the goods and therefore contended that the status of the claimant would be that of a gratuitous passenger not covered by the policy and so the insurance company is not bound to indemnify.

3. The learned Tribunal, on exhaustive consideration of the materials held that the claimant was returning after unloading the goods and therefore the has to be considered as a representative of the owner of the goods and extended the benefit under S.147(1) of the Motor Vehicles Act and directed the insurance company to pay the amount.

4. Let me first consider about the factual matrix. It is the definite case of the claimant that he was an employee of Mahima Modern Rice Mill. It is the case that rice was trans

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