Andhra HC (Pre-Telangana)
United India Insurance Company Limited vs Polaki Sarojini Devi And Ors. on 11 August, 2003
Equivalent citations: II(2004)ACC156, 2005ACJ1223, 2003(5)ALD749
ORDER G. Yethirajulu, J.
1. This appeal is preferred by the United India Insurance Company Limited, Visakhapatnam, against the order of the Motor Accidents Claims Tribunal, Srikakulam in O.P. No. 45 of 1993.
2. A person by name Polaki Bheema Rao died in a Motor Accident occurred on 8-12-1992. His wife and sons made an application under Section 166 of the Motor Vehicles Act, claiming Rs. 3,00,000/- towards compensation. The Tribunal awarded Rs. 2,50,000/- towards compensation under various heads. The claimants pleaded that the deceased and others travelled as fare paying passengers in the goods vehicle and that while the deceased was boarding the tipper by placing his foot on the footboard, the driver drove the lorry without observing him, due to which he slipped from the said vehicle and died due to the resultant cause of the injuries received by him.
3. The learned Counsel for the appellant relied on a judgment of the Supreme Court reported in Noorjahan (TMT) v. Sultan Rajia TMT, , wherein the Supreme Court held that the death or personal injury to a person while alighting from the vehicle in a public place shall be treated as death of a passenger and not a third party and the liability must be covered by the Insurance Policy. The decision is not directly applicable to the facts of this case. In the case covered by the above decision, a person travelled in a public transport vehicle to some distance and he slipped while alighting from the said vehicle due to the negligence of the driver of the vehicle, but in the case on hand while the deceased was about to board the tipper, the driver moved the vehicle therefore he slipped from the footboard. Unless and until he enters the vehicle, he shall not secure the status of a passenger. Therefore, he shall be treated as a third party to the vehicle. The learned Counsel for the appellant also placed reliance on the judgments of the Supreme Court reported in New India Assurance Company Limited v. Asha Rani and Ors., 2003 (1) ALD 18 (SC) = 2003 (1) ALT 35 (SC), and in Oriental Insurance Company v. Devi Reddy Konda Reddy, I (2003) ACC 214 (SC), wherein the Supreme Court held that the Insurance Company cannot be made liable for the risk of the owner of the goods or his representatives or gratuitous passengers. The above decisions are not applicable to the facts of this case, because the accident occurred before the deceased acquired the status of a passenger in a goods vehicle. He was rightly treated as a third party to the vehicle. The evidence of P.W.2 is also corroborating in all respects regarding the manner in which the accident occurred. The deceased fell on the road even before entering into the cabin of the tipper and the back wheels of the tipper ran over him. The Tribunal after taking into consideration the above circumstances, came to a conclusion that the deceased remained as a third party to the accident vehicle. After carefully going through the evidence adduced by both the parties and the contents of the orders of the Tribunal, I fully agree with the Tribunal regarding the status of the deceased and the negligence on the part of the driver of the tipper. In the light of the above circumstances and in view of Insurance Coverage to the accident vehicle, the appellant is rightly made liable along with the owner of the vehicle to pay the compensation. I do not find any grounds to interfere with the order of the Tribunal.
4. The appeal is accordingly dismissed. No costs.