The central legal point established in the judgment is that coolies traveling in a goods vehicle are compulsorily covered under Section 147(1)(b) of the Motor Vehicles Act, and the insurer's liability is co-extensive with that of the insured.

JUDGMENT

M.G.Uma, J. - The appellant-Insurance Company preferred MFA No.24728/2010 aggrieved by the impugned judgment and award dated 4/6/2010 passed by the Prl. Civil Judge (Sr.Dn) and MACT, Gogak (hereinafter referred to as 'the Tribunal') partly allowing MVC No.578/2009 in favour of the claimant and awarding compensation of Rs.4,29,000/- with interest on Rs.4,19,000/- @ 6% p.a. from the date of petition till realization from the owner and the insurer jointly and severally and also directing the insurer, i.e. the present appellant to deposit the compensation amount within one month from the date of order.

2. Mfa No.22709/2010 is preferred by the claimant before the Tribunal, claiming enhancement of the compensation upto Rs.6,00,000/- with interest at 18% p.a.

3. Heard the learned Advocate for the appellant/Insurer Sri. S. S.Beturmath and Sri. Bahubali N.Kanabargi, learned Advocate for respondent No.1/Claimant.

4. Parties are referred to as per their rank assigned to them before the trial Court.

5. Brief facts of the case are as follows:

Appellant-Claimant in MFA No.22709/2010 has filed the petition under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained by him in the road traffic accident that had occurred on 21/2/2009 at about 11.00 hours while he was working as a coolie in the tractor bearing registration No.KA-49/T-2251 attached to the trailer bearing registration No.KA-49/T-2552 and proceeding in the trailer for the purpose of loading and unloading the Maize. It is stated that when the claimant was proceeding in the tractor-trailer towards the land belonging to Beerappa Hatti's to one Kotur's land in Chikkanadni village, the tractor was driven by its driver in a rash and negligent manner and in high speed and as a result, the claimant who was sitting in the trailer jumped out and fell on the road. In the meantime, the wheel of the trailer ran over the claimant, as a result of which he sustained fractures and other injuries. Immediately after the incident, he was shifted to the hospital of Dr. Patagundi and thereafter, to Dr.M.G. Umarani's hospital at Gokak, where he was admitted as inpatient and took treatment till the date of filing of the petition i.e. 30/3/2009. The doctor had advised him to take bed rest for two months and also suggested that he may requires Rs.1,50,000/- as future medical expenses.

6. It was stated that prior to the accident, the claimant was hale and healthy and he was doing agricultural coolie work and earning more than Rs.5,000/- p.m. Due to the injuries sustained by him in the accident, he has suffered permanent physical disability and he is not in a position to earn his livelihood. He being the only earning member in his family, the claimant is suffering untold hardship.

7. It is contended by the claimant that the accident in question was only due to the rash and negligent driving of the tractor bearing No.KA-49/T-2251 attached to trailer bearing No.KA-49/T-2552 which was owned by respondent No.1-owner and insured with respondent No.2-Insurer and therefore, both the respondents have jointly and severally liable to pay the compensation to the claimant with interest at 18% p.a.

8. Respondent Nos.1 and 2 before the trial Court were notified. The respondent No.1-owner has filed his objection by engaging a counsel, admitting that there was a road traffic accident as stated by the claimant while he was working as a coolie in the tractor bearing No.KA-49/T-2251 attached to the trailer bearing No.KA- 49/T-2552, but denied that the said road traffic accident was due to the rash and negligent driving by the driver and also denied that the claimant had sustained any fracture and other grievous injuries. The contention of the claimant regarding taking the treatment at various hospitals and the allegation regarding the amount required towards medical expenses are also