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H. P. SANDESH
G. Shivaputhra, S/o. Mallappa – Appellant
Versus
P. Shanthamma, W/o. Late P. Malleshappa – Respondent
JUDGMENT :
The appeal in M.F.A.No.5280/2016 is filed by the owner of the passenger auto challenging the judgment and award passed in M.V.C.No.295/2014 dated 14.03.2016 fastening the liability on him, who has been arrayed as respondent No.2 before the Tribunal. The cross-objection in M.F.A. Crob. No.153/2022 is filed by the claimants seeking enhancement of compensation.
2. The factual matrix of the case of the claimants before the Tribunal is that on 02.03.2014 at about 1.00 to 4.00 p.m., when the deceased P. Malleshappa was traveling in a passenger auto bearing No.KA-34/A-7976 from Kogali to Kottur of Itagi-Kottur Road, when the auto reached near Sangameshwara Cross at Bankar Nagappa’s land at about 4.30 p.m., the driver of the said auto rickshaw drove the same in a rash and negligent manner and as a result, the driver lost control over the auto and turtled on the right side. As a result, deceased P. Malleshappa sustained injuries to his head and died at the spot.
3. It is the claim of the claimants that the deceased was hale and healthy doing agricultural work and also milk vending business and getting income of Rs.15,000/-per month. Due to untimely death of deceased, the petition
The liability for a motor vehicle accident can be on the owner and driver of the vehicle if there is no permit for the vehicle to ply. The insurance company can pay the compensation and recover it fr....
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
The court emphasized that insurance coverage provisions must conform to statutory requirements, ensuring that claimants receive just compensation without being denied due to vehicle permit issues.
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