9911796707
TMI Blog1999 (8) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000, along with interest @ 18 per cent per annum from 19.4.1994, but the Complaint was dismissed on 30.9.1995. An appeal, which was thereafter filed by the respondent before the Kerala State Consumer Disputes Redressal Commission, was allowed on 24.4.1996 directing the appellant to pay a sum of Rs. 1,93,500 together with interest @ 12 per cent from 19.4.1994 to the respondent. A Revision filed by the appellant before the National Consumer Disputes Redressal Commission was dismissed on 10.2.1997 and now the matter is in appeal before this Court. 2. The claim of the respondent was resisted by the appellant before the District Consumer Disputes Redressal Forum on the ground, inter alia, that the claim was not covered by the terms of the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 2(14) defines goods carriage as under: 'Goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods. Permit is defined in Section 2(31) as under: Permit' means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle. 6. This definition stipulates that a motor vehicle cannot be used as a transport vehicle unless a permit is issued either by the State Transport Authority or the Regional Transport Authority or any other Authority prescribed in that behalf under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be carried with special reference to the safety to human life. 10. Section 79 provides that a Regional Transport Authority may grant a 'goods carrier permit' and may attach to the 'permit' any one or more of the conditions specified in Sub-section (2) thereof. The relevant portion of Sub-section (2) is reproduced below: (2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely: (i) ... (ii)... (iii) that goods of a specified nature shall not be carried. (iv)... (v)... (vi)... (vii)... (viii)... (ix)... 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he list of hazardous and toxic chemicals. One of the items described in this Table is 'Ethyl Ether' which is classified as flammable in the same Table. 15. Admittedly, respondent was carrying Ether Solvent which has been described as a hazardous and highly flammable article. Since under the 'permit' granted to the respondent he could transport only non-hazardous articles, and the insurance policy covered only those goods which were permissible under the Motor Vehicles Act to be carried by the respondent, the judgments dated 24.4.1996 and 10.2.1997 passed by the State and National Commissions respectively, are incorrect. 16. The insurance policy between the insurer and the insured represents a contract between the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor Vehicles Act. 18. Mr. T.L. Vishwanatha Iyer, learned Senior Counsel appearing on behalf of the respondent has contended that what was being carried by the respondent was ETHER SOLVENT which is not specified in Table III appended to Rule 137 and what is specified therein is ETHYL ETHER which is a different substance altogether and, therefore, carrying of ETHER SOLVENT was not prohibited and it could not be treated to be a hazardous substance as it was not specified as such in Table III. 19. We are not prepared to accept this contention. Ether is a chemical substance. In Hawley's Condensed Chemical Dictionary, Eleventh Edition, 'Ether' is described as under: ether - A class of organic compounds in which an oxygen atom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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