Oriental Insurance Co. Limited v. Mohan S. Bhandari
2005-08-09
K.SREEDHAR RAO
body2005
DigiLaw.ai
JUDGMENT K. Sreedhar Rao, J.—Goods belonging to the Petitioner in MVC. 743 of 2001 was being transported in a goods vehicle belonging to the 2nd Respondent . The vehicle met with an accident resulting in damage to the goods. The Tribunal directed the insurer and the owner of the vehicle to pay the compensation. Insurer is in appeal. 2. There is no liability on the part of the insurer under Section 147 of the Motor Vehicles Act to cover the risk of the goods transported in a goods vehicle. The liability to pay compensation for the goods in transit by a motor vehicle arises under the Common Carriers Act. The owner of the carrier is liable to pay the compensation as per the provisions of the Common Carriers Act. If there is any special insurance issued in that behalf, the insurer will be liable. The insurer cannot be made liable for damage to goods in transit under Section 147 of the Motor Vehicles Act. In the instant case, there is no such policy issued. The policy issued is an Act policy. Therefore, award made against the insurer is bad in law. That apart under Section 166 claim is maintainable only in respect of third party property. Damage to goods in transit is not third party property. 3. The appeal of the insurer is allowed and the award against it is set aside. The amount in deposit to be refunded to the Appellant.