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Judgment
K. Sreedhar Rao, J.—Notice to respondent 2 by way of paper publication is held sufficient.
The load of grapes was being transported in the tempo belonging to the second respondent. On account of the accident, the grape load of the petitioner was damaged. A claim is made u/s 166 seeking compensation. The provisions of Section 166 do not permit a claim before the Tribunal under the Motor Vehicles Act, 1988 in respect of property in transit. The petitioner has to make a claim as per the provisions of the Carriers Act, 1865. The provisions of Section 147 obligates the insurer with liability in respect of the damage to third party property, death or personal injuries to the third party and to the inmates of the vehicle but not respect of the damage to goods in transit. The remedy for the petitioner would be under the Common Carriers Act and before the Civil Court. Hence, the award made against the insurer is set aside.
Accordingly, the appeal is allowed. The amount in deposit to be refunded to the appellant.