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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Royal Sundaram Alliance Insurance Company Limited – Appellant
Versus
Honnamma – Respondent
Question 1? Question 2? Question 3?
Key Points: - Point 1 (!) - Point 2 (!) - Point 3 (!) - Point 4 (!) - Point 5 (!) - Point 6 (!) - Point 7 (!) - Point 8 (!) - Point 9 (!) - Point 10 (!)
JUDGMENT :
(Ahsanuddin Amanullah, J.)
Leave granted.
2. The present appeal mounts a challenge against the Final Judgment and Order dated 25.11.2022 in MFA No.3659/2014 (MV-D) (hereinafter referred to as the ‘Impugned Order’) passed by a learned Single Judge of the High Court of Karnataka at Bengaluru (hereinafter referred to as the ‘High Court’), whereby the appeal filed by the Respondents No.1 to 3 (herein) was partly allowed and the compensation awarded vide Award dated 02.04.2014 passed by the learned Senior Civil Judge & Member, Additional Motor Accident Claims Tribunal, Harihar (hereinafter referred to as the ‘MACT’) was enhanced from Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand) to Rs.13,28,940/- (Rupees Thirteen Lakhs Twenty-Eight Thousand Nine Hundred and Forty) keeping the interest component intact i.e., 6% per annum and liability was fastened on the Appellant (herein) to pay such compensation.
BRIEF FACTS :
3. On 29.02.2012, the deceased-Nagarajappa was travelling in a tractor and trailer as a coolie in order to unload the soil, which was loaded thereon. Due to the rash and negligent driving of the Respondent No.5 (herein), the tractor and trailer toppled causing injuries
Death in motor accident – Liability of tractor/its insurer extended to accident caused by tractor resulting in death of deceased who fell off Tractor trailer and suffered fatal injuries.
The insurer of the tractor is liable for compensation despite the trailer's unregistered status; future prospects must be included in income assessment for dependency compensation.
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
The main legal point established in the judgment is that the Insurance Company is not liable for compensation when the deceased was an unauthorized passenger in a vehicle and there were violations of....
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