Karnataka High Court
The Oriental Fire And General Insurance ... vs S. Rasheed Ahammad And Anr. on 6 January, 2006
Equivalent citations: 2007ACJ1433, AIR2006KANT158, ILR2006KAR1878, 2006(2)KARLJ473, AIR 2006 KARNATAKA 158, 2006 (3) ALL LJ NOC 579, 2006 (3) ABR (NOC) 559 (KAR), 2006 (2) AJHAR (NOC) 477 (KAR), 2006 (2) AIR KANT HCR 502, 2006 AIHC NOC 129, (2006) 2 KANT LJ 473, (2006) 2 TAC 48, (2006) 1 KCCR 664, (2006) 2 ACC 745, (2007) 2 ACJ 1433, 2006 (2) AIR KAR R 502
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
JUDGMENT K. Sreedhar Rao, J.
1. Notice to respondent 2 by way of paper publication is held sufficient.
2. The load of grapes was being transported in the tempo belonging to the second respondent. On account of the accident, the grape load of the petitioner was damaged. A claim is made under Section 166 seeking compensation. The provisions of Section 166 do not permit a claim before the Tribunal under the Motor Vehicles Act, 1988 in respect of property in transit. The petitioner has to make a claim as per the provisions of the Carriers Act, 1865. The provisions of Section 147 obligates the insurer with liability in respect of the damage to third party property, death or personal injuries to the third party and to the inmates of the vehicle but not respect of the damage to goods in transit. The remedy for the petitioner would be under the Common Carriers Act and before the Civil Court. Hence, the award made against the insurer is set aside.
Accordingly, the appeal is allowed. The amount in deposit to be refunded to the appellant.