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HANCHATE SANJEEVKUMAR
Manager , I. C. I. C. I. Lambord General Insurance Company Ltd. – Appellant
Versus
Muniyappa, S/o. Dodda Chennappa – Respondent
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
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 Vehic....
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
Amendment to Motor Vehicles Act, 1988 mandates insurers to cover liabilities for owners of goods traveling in goods vehicles, ensuring entitled compensation for injuries sustained.
The court affirmed that an employee traveling in a Goods Auto Rickshaw is covered under the insurance policy, and compensation must reflect the claimant's permanent functional disability.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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