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2005 Supreme(Kar) 418
Karnataka High Court
National Insurance Co.Ltd - Appellant
Versus
Bramaranbike - Respondent
Decided On : 07-08-05
M.F.A : 4998 of 2001
K.V.Satish, M.B.Chandra Chooda, O.MAHESH, Veena O.Mahesh
Headnote:Motor Accident Claims -Claim of persons travelling in tractor - [K. Sreedhar Rao, J.] - Vehicle involved was only a tractor (no trailer) -Road-Regulations did not permit any other person other than driver to travel -If any person is travelling he is an unauthorised passenger -Insurer is not bound. See, Road Regulations, 1989 -Regulation 28.
Motor Vehicles Act, 1988 -Section 166 -Claim of persons travelling in tractor - Vehicle involved wass only a tractor (no trailer) -Road -Regulations do not permit any other person other than driver to travel -If any person is travelling he is an unauthorised passenger -Insurer is not bound. See, Road Regulations, 1989 -Regulation 28.
Right to Information Act, 2005 -Section 24 -Fairness -Reports pertaining to probe into appointments -Privilege claimed -Made available after arguments were concluded -Appointees were dealt with seriously by High Court -Held, not fair.
Road Regulations, 1989 -Regulation 28 -Claim of persons travelling in tractor - Vehicle involved is only a tractor (no trailer) -Road-Regulations did not permit any other person other than driver to travel -If any person is travelling he is an unauthorised passenger -Insurer is not bound. [K. Sreedhar Rao, J.] - The provisions of Regulation 28 in Appendix-2 pertaining to Rules and Road Regulations, 1989, formulated under the Motor Vehicles Act, categorically declares that the driver when driving the tractor shall not carry or allow any person to be carried on the mudguard of a tractor. The effect of the regulations makes any person travelling in a tractor apart from the driver is illegal and would be an unauthorised passenger. The policy of insurance issued does not cover the risk of an inmate of the tractor. The permitted seating capacity for the tractor is only that of a driver and no other person. In the instant case, the vehicle being only a tractor at the time of accident, there is no legal possibility of coverage of the risk of an inmate of a tractor. In that view of the matter, the award passed by the Tribunal against the insurer is illegal.
( 1 ) THE deceased in M. V. C. No. 162 of 1999 was travelling in the tractor sitting on the mudguard. On account of rash and negligent driving, the death occurred. Petitioners are the legal representatives of the deceased. Claims tribunal has awarded a compensation of rs. 3,68,600 with interest at 9 per cent per annum from the date of petition till payment and directed the driver, owner and the insurer of the tractor to pay the compensation. The insurer is in appeal seeking avoidance of liability.
( 2 ) THE provisions of regulation 28 in appendix 2 pertaining to the Rules of the road Regulations, 1989, formulated under motor Vehicles Act, categorically declares that the driver when driving a tractor shall not carry or allow any person to be carried on the mudguard of a tractor. The effect of the regulation makes any person travelling in a tractor apart from the driver as illegal and would be an unauthorised passenger. The policy of insurance issued does not cover the risk of an inmate of the tractor. The permitted seating capacity for the tractor is only that of a driver and no other person. In the instant case, the vehicle being only a tractor at the time of accident, there is no legal possibility of coverage of the risk of an inmate of a tractor. In that view of the matter, the award passed by the Tribunal against the insurer is illegal.
( 3 ) ACCORDINGLY, the appeal is allowed. The amount deposited by appellant to be refunded to the appellant. Compensation awarded shall be paid by the owner and driver. Appeal allowed.
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