The court established that a claimant returning in a goods vehicle after unloading goods is considered an authorized representative, thus entitled to compensation under Section 147 of the Motor Vehicles Act.

JUDGMENT :

(Hanchate Sanjeevkumar, J.)

MFA.No.5572/2009 is filed by the Insurance Company questioning the judgment and award on the ground that the Insurance Company is not liable to indemnify the owner and to pay compensation, since the claimant was travelling in the goods vehicle as a gratuitous passenger.

MFA.No.5524/2014 is filed by the claimant for seeking enhancement of compensation.

2. It is the case of the claimant that on 24.10.2006 at about 4.00 a.m., he was travelling in a Tata Tempo bearing No.KA-53-1946 towards Mugabala after unloading vegetable goods at Bengaluru and when the said Tata Tempo reached Bengaluru-Kolar NH-4 road, Mugabala Village, at that time, the driver of the said vehicle drove the same with high speed and in a rash and negligent manner and dashed the vehicle against the road side tree and caused the accident. Due to which, the claimant who was in a Tata Tempo sustained grievous injuries and immediately he was shifted to Hosmat Hospital, Bangalore, for treatment. Therefore, the claimant has filed the claim petition under Section 166 of MV Act for claiming compensation.

3. The Tribunal has awarded compensation of Rs.3,25,000/- with interest at the rate of 7.5% p.a., from the date of petition till the date of deposit by holding that both the respondents who are owner and insurer are jointly and severely liable to pay compensation. Accordingly, the Tribunal has fastened liability on the appellant-Insurance Company to pay compensation.

4. The Insurance Company has filed the appeal questioning the liability fastened on it to pay compensation to the claimant. The claimant has filed the appeal for seeking enhancement of compensation.

5. Heard Sri A.M.Venkatesh, learned counsel for the appellant-Insurance Company and Sri Suresh M.Latur, learned counsel for the claimant

LIABILITY OF INSURANCE COMPANY VIS-A-VIS SECTION 147 OF MOTOR VEHICLE ACT:

6. Learned counsel for the appellant-Insurance Company vehemently submitted that the claimant was travelling in the Tata Tempo as a gratuitous passenger as there was no goods in the Tempo. Further in the complaint Ex.P.1-FIR and in Ex.P.3-Mahazar, there is mentioning of vegetables goods in the vehicle and also there is no spreading of vegetables on the road at the time of conducting mahazar. Therefore, it is proved that there was no goods in the Tata Tempo and thus, the claimant was traveling in the Tata Tempo as a gratuitous passenger. Hence, the Insurance Company is not liable to pay compensation. Hence, prays to modify the liability.

7. Further submitted that there is no premium is paid towards covering the risk of passenger in the Insurance Policy. Therefore, the appellant-Insurance Company is not liable to pay compensation. Further submitted that, in the charge sheet, the Investigation Officer in collusion with the claimant has mentioned that, after selling vegetables goods at Bengaluru, while returning towards Mugabala Village, the accident has occurred. Therefore, the Investigation Officer in the charge sheet has observed that, after selling goods, he has just helped the claimant to claim compensation from the Insurance Company. Hence, prays to modify the judgment and award and fix the liability on the owner of the Tata Tempo as the claimant was travelling in the Tata Tempo as a gratuitous passenger. Further submitted that the complainant namely Byregowda was not examined and owner of the Tata Tempo has remained exparte.

8. Learned counsel for the Insurance Company in support of his submission has placed reliance on the decision of this Court in the case of United India Insurance Company Limited Vs. Smt. Lalithabai and Others, ILR 2007 KAR 1585 (hereinafter referred to as “Lalithabai’s case”)

9. On the other hand, learned counsel for the claimant submitted that the claimant after selling vegetable goods at Bengaluru and after unloading the same, while returning to his village from Bengaluru, the accident has occurred. Therefore, it means the claimant has travelled along