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National Insurance Co. Ltd. vs Bommithi Subbhayamma And Ors. on 21 February, 2005

8. Therefore, in the instant case, carrying of one or two bags by deceased cannot be construed as carrying of "goods". Since the Insurance cover note produced at Exhibit P-4 goes to indicate that the vehicle in question was a goods vehicle, the liability fastened on the Insurance Company by the MACT is unsustainable in law, particularly, in the light of the decision of the Apex Court in the case of National Insurance Co. Ltd. v. Bommithi Subbhayamma and Others. The question of appellant-Insurance Company being saddled with the liability will not arise, as such, the finding of the MACT in this regard will have to be set aside and it will be the owner of the vehicle i.e., the respondent No. 7, who will have to satisfy the award passed by the MACT."
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