Rcvision No987 of 2003 Vij ay Kum ar and anot her v. Thc New I ndia Assurancc Com panyand ot hcrs FAO N03328

t o com ply wit h t he of t his Chapt er a policyof insurance m ust be a policywhicl X X X Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh insures t he person cI asses of persons in t he policyt o t he ext ent specifiedin subm JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 445 r 4 FAO N 3327of2003 m 7 5 sect ion 29 ilagainstany liabilit ywhich m ay be incurred by him in respectof t he deat h of or bodilyinj uryt o anyperson includingowner of t he goodsor his a ut horised carried in t he vehicle or dam aget o any propert y of a t hird part y caused by or arisingout of t he use of t he vehicle a publicplace X X X x99 I n reply t o t he above m ent ioned subm ission learned counsel fo r t he I nsu rance com pany has subm it t ed t hat t here is no evidenceon t he flle t hat deceased were t ravelingas owner of t he onions I oadedin t he cant er So t he I nsurance com pany has right ly been held I iable t o pay t he am ount of in view of Asha Ranis case 1Suprale However it is not disput edduringt he course of argum ent s 1 r 0 0 I C5 Z C I 08 10 a7 Z Qm t hat aft er t he am endm ent of 1994 t he owner t he aut horized agent are com pet entt o t raveI in t he goodscarrier 1 have given m y t hought fulconsiderat ion t o t he rivaI subm issionof counsel for bot h t he sides and have also gone t hrought he record oft he casee The m oot point for det erm inat ion in t he presentlis is whet her t he deceased or t he inj uredt ravelingin t he offendingvehicle t he owners of onions I oaded in t he t ruck The Tribunal aft er t he evidence on t he Ole ret urned t he Onding t hat JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document claim ant shave not been able t o prove t hat deceased were t ravelingI n Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh 446 1 FAO No 3327of 2003 8 r Y93 t hecapacit yas owners of t he onions in as m uch as t here is no evidence 1 t hat onions were I oaded in t he vehicle and t he t ravellers were owners t he owners for carrying t he onlonSe However t hataspect of t he case has not been properlyappreciat edPW3 Am it Kum ar slo has cat egoricallyst at ed t hat he alongwit hhis Q 0 0 I C uncle Subhash and Om Parkash was com ing on offendingvehicle TATA 407 t o Rat ia The said TATA 407 was loaded wit h OnionseThis wit ness has st at ed t hat his u ncle Subhash and Om Parkash Were in TATA 407 as of t he onionseSo it cannot be said t hat t here is no evidence t hat passengers were t ravellingin TATA 407 as Z of t he onions I n Chollet i Bharat am m as t he Honble Apex Court has held t hat t he persons are t ravellingin a goodsvehicle being ownei Otr 1 t hat I ll view of m andat e of t he Sect ion147 of t he Act I nsurance com pany is liable So far as Asha Ranrs case 1Supralrelied upon by t he Tribunal is concerned t hat relat est o t he case prior t o t he am endm ent Para Noa 90f t he said I 08 m 7 Z j udgm entreads as underl 9e ln Sat pals case Supral t he Court assum ed t hat t he provisionsof Sect ion 9511of Mot or Vehicles Act 1939 are ident ical wit h Sect ion 147 11of t he Mot or VehiclesAct 1988 as it st ood priort o it s am endm ent e But a careful scrut inyof t he provisionswould m ake it t hat prior t o t he am endm ent of 1994 it was not t he insurer t o insure againstt he owner t he goodsor his aut horized Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh carried a goodsvehicle On erroneous JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 4 1 1 1 0 C I C10 I l I a5 7 447 FAO No 3327of2003 1 1 LI 4 6 t his Court cam e t o t he conclusion t hat t he 3 insurer would be I iable t o pay com pensat ionin respect t he deat h or bodily inj ury caused t o eit her t he t he goodsor his aut horized when beingcarried in a goodsvehicle t he accident occurred I f t he Mot or Vehicles Am ended Act of 1994 1S exam ined part icularlySect ion 46 of t he Act 60f 1991 bywhich expressioninj ury t o any person in t he originalAct inj ury t o st ood subst it ut ed by t he expression any person includingowner of t he goodsor his aut horized represent at ivecarried in t he vehicle t he conclusion is irresist ible t hat priort o t he aforesaid am endm ent Act of 1994 even if widest int erpret at ion is given t o t he expressiont o any person it will not eit her t he owner of t he goodsor his aut horized being carried in t he vehiclee The obj ect ionsand reasons of Clause 46 also st at es t hat it seeks t o am end Sect ion 147 t o include owner t he goodsor his aut horized carried in t he vehicle t he purposes of liabilit y under t he lnsurance PolicyeI t is no dou bt t rue t hat som et im es t he Legislat ure am ends t he by way and clarificat ion of an inherent posit ion which is t here in t he st at ut e a plain m eaning Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh beinggivent o t he words used in t he st at ut e as it st ood prior t o it s am endm ent of 1994 and as it st ands JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 0 C I C I r I 08 a 448 eW FAO No 3327of2003 l 10 1e2 t o it s am endm ent in 1994 and bearingI ll m ind t he obj ect s and reasons engraft edin t he am ended provisionsreferred t o earlier is difficult t o const rue t hat t he expressionincluding t he goodsor his aut horized carried in t he vehicle which was added t o t he pre exist ed expressioninj ury t o any person is eit her clarificat ion am plificat ionof st at ut ee On t he ot her hand it clearlydem onst rat es t hat t he t he Legislat urewant ed t o bring wit hin t he sweep of Sect ion 147 and m akingit com pulsoryfor t he insurer t o insure in case of a goodsvehicle t he owner t he goodsor his aut horized carried in a goodsvehicle when t hat vehicle m et wit h accident and t he owner t he goodsor his eit her dies or suffers bodilyinj ury The j udgm entof t his Court in Sat paI s case t herefore m ust be held t o have not been correct lydecided and t he j udgm ent sof t he Tribunal as well as t hat of t he High Court accordinglyare set aside and t hese appealsare allowed I t is held t hat t he insurer will not be I iable for paying com pensat iont o t he of goodsor his aut horized beingcarried in a goodsvehicle when t hat vehicle Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh m eet s wit h an accident and t he owner of goodsor his dies or suffers any bodily inj urye JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 449 4 O 1 0 C3 I C5 I Z t I 08 r 7 Z Qm FAO No 3327of2003 1 I yl5 S3 SinhaJ Leave grant edin specialleave pet it ionse 2eThoughI respect fullyagree wit h t he j udgm entand order proposedt o be delivered by My Lord t he Chief Just iee of I ndiae havingregardt o t he im port ance of t he quest ionsinvolved in t he m at t er I would I ike t o add a few words of m ine 3alt is not in disput et hat of act ion in each case in t his bat ch of appealst he arose prior t o com ing int o force of 1994 Am endm ent in t he Mot or Vehicles Act 1988 and t hus t he eHect t hereof wouI d have no bearingin t he inst ant casee 4 The cont roversyin t he inst ant case cent res round t he changeseffect ed in t he Mot or Vehicles Act 1988 vism ae vis t he Mot or Vehicles Act 1939 As would appear from t he d iscussions m ade hereinaft er a goodsvehicle was required t o be com pulsorilycovered by I nsurance Policyin t erm s of 1939 Act but was not so requiredln t erm s of 1988 Act l So it is cat egoricallym ent ioned t hat aft er t he am endm ent of 1994 I n Sect ion 147 t he I nsurance com pany would be I iable if t he t ravelingas owner of t he goodse Soin View of t he above discussion bot h t he appealsas well as t he revision pet it ionst and accept edby set t ingaside t hat part of awardvide which t he liabilit y of lnsurance com pany has been absolvede Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 450 FAO No 3327of2003 2 I t is held t hat I nsurancecom pany is also I iable j oint lyand severallyt o Mayl9K 2010 SVlchugh l Puri Judge 1 0 0 I C I Z I C45 00 W2 Z 1t t O 7 L4 1 t 44 Cf1 1 l 61 O4I I e 4h 11v 1 I O Singh Gagan Preet 2012.08.30 14: 35 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document