New India Assurance Company Limited vs Sandepudi Mariyamma And Ors. on 13 February, 2003
6. Learned counsel for the Insurance Company
submits that as per the claimant, it is admitted by her that they
have travelled in the crime vehicle to attend the funeral of their
relative by paying price for transportation, but as per the
conditions of the policy, there is no insurance coverage for the
passengers. It is stated that the tractor is insured for agricultural
purpose. It is also their case that as per Ex.A1 i.e. FIR and Ex.A2
charge sheet, the accident occurred while the claimant and others
was taking the dead body in the crime vehicle driven by its driver
in a negligent manner. According to the learned counsel, the Court
erred in concluding that the dead body carried in the tractor -
trailer falls within the meaning of 'goods' as defined in Section
2(13) of the Motor Vehicles Act, 1998. It is the case of the
Insurance Company that the Insurance Company is not liable to
pay the compensation as the said vehicle is insured for
agricultural purpose and for other than agricultural purpose, they
cannot use the vehicle. Learned counsel for the Insurance
Company has relied on the judgment of this Court in New India
3
Assurance Co. Ltd. v. Sandepudi Mariyamma1 and also the
judgment of the Apex Court in National Insurance Company
Ltd. v. Chinnamma2 and submits that the respondent insurance
company is not liable to pay the compensation.