T§-55$ APPEAL QQMING ON FOR ADMESSEON THIS DRY, ‘3″?-{E €_’2€_T3i_}RT
DELWEREEF THE FQLLQWENGt
:L!.LD..Q_Ed_E_ELI
‘£’his is an appeal by the insurer. quesiiening the .
ground that the deceased was not a Coolie or JaAAd{iver c:r”<§i:1m%.é_r.9ds.V ” ”
or the representative of the owner of the aoéds. :’;3£zt $1343.i:a$gé!!§é’§s:{“La$”1za;_AA
gratuitous passenger and the risk of sL:¢h«..§assé:2gé£ tray-Vei!lMir3g:.iVr} v
Vehécie is not covered unde; tha policy.
2. $ri.A.K.Bhat. learned appefiant to
sugzport hés contention; Tribunai at para-
12 of the :fi1év~:»:cia:’mant afleged that, the
deceased wags” f’r’aa§.vV;.3:l’:!vi’t;1:g : ” in the needs vahicie.
Tribunai has Vfb_urid’_ Jfiraiveiiinfl wiéh the goods as the
coconuts and in own treated him as a coefie and
granfis co:}’:’;éaar1§éfi:;na
3.:T?2:2u§;v?§;t:’é.éA’!§a’:f3ed Counsel for the owner subméis éhat. he was
=..__Vtravei!§ri§; there is no evidence is show that he was
if he is not travelling with the goods and it is not
‘fiat was a cooéie. he cannot be automatécafly heccme 3
:.c§e%ie gaumose 9? deiefmining the compensaflon. !n the absence
‘ ~.__¢f”‘;’$§}é?€’e~JEdence, the any inferance that cou£d be drawn Es that, he was
‘*.. “t:au\.?e£!ing as a passengar in the goods vehicie am: the risk: of such
passenger is mat covered under the policy and the iiabfiity can only be on
the owner.
£21 véew of the same. appea§ is ailewed. The judgmffit ajrgd ‘A V’
§n M.V.C.No.-41511 998 dated 4.8.2907 insofa:’és’the_ iiabii;it%;I f¥V’>:e=,c4V:
insures’ is cencemed is set aside. Howeéer. “–::!éi:na?1t’..%§s” enfit}é<.3'–~té'~.VV
reccver the campensation frcm the <33».-'nLé$.._ Thé am'ogntv_:§ri"*~:ié§scéit be V
refunded.
K¥\£M!-