Insurance companies may be liable to pay compensation for accidents involving unauthorized passengers but retain the right to recover costs from vehicle owners.

JUDGMENT :

(UMESH M. ADIGA, J.)

This appeal is filed by the insurance company, (respondent No.2) challenging the judgment and award dated 01.04.2015, passed by the Court of Senior Civil Judge & Motor Accident Claims Tribunal, Maddur, (for short the tribunal), in MVC No.876/2013.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that, on 28.04.2011 at about 1.30 pm, the deceased Vikas met with accident on Somanahalli to Kodihalli road due to rash and negligent driving of the tractor bearing registration No.KA-42/T-3299 by its driver. As a result the said Vikas sustained grievous injuries and while undergoing treatment, he succumbed to injuries on 07.05.2011.

4. It is further case of the claimants that the deceased was a student aged about 14 years, when he met with the accident. For these reasons, they prayed to award compensation of Rs.35,00,000/-.

5. Before the Tribunal, the respondent No.2/insurance company contended that the deceased was travelling in the said tractor bearing registration No.KA- 42/T-3299 as unauthorized passenger at the time of accident and insurance company is not liable to pay compensation to the claimants. They also denied the other averments stated in the claim petition. With these reasons, prays to dismiss the claim petition.

6. The respondent No.3 i.e. subsequent purchaser of the offending vehicle denied the averments of the claim petition and further submitted that the amount of compensation claimed by the claimant is highly excessive and exorbitant. Further, it is the contention of the respondent No.3 that he is the owner of the said vehicle and the same is insured with respondent No.2. Further, the policy was in force as on the date of accident. If any award of compensation is passed in favour of claimants, respondent No.2 be directed to pay the same. With these reasons, he prays to dismiss the claim petition, against him.

7. From the rival contentions of the parties, the Tribunal framed necessary issues for its determination.

8. The claimants to prove their case, examined PWs.1 and 2 and got marked 8 documents as Exs.P1 to P8. Similarly, respondent No.2/insurer examined RW.1 and respondent No.3 examined as RW.3 and got marked Exs.R1 and R2.

9. The Tribunal after hearing both the parties and on appreciation of material available on record, awarded compensation of Rs.5,00,000/- (Rupees Five lakhs only) with interest at 7% p.a from the date of petition till realization.

10. The Tribunal held that the deceased was not travelling in the tractor as unauthorized passenger, since that was not proved by respondent No.2 and directed that all the respondents i.e. respondent Nos.1 to 3 to pay compensation to the claimants jointly and severally. Being dissatisfied with the award passed by the Tribunal, respondent No.2/insurer has filed present appeal.

11. During the pendency of this appeal, the insurance company filed an application under Order XLI Rule 27 read with Section 151 of Code of Civil Procedure, seeking permission to produce the certified copy of charge sheet in C.C.No.189/2011 on the file of Civil Judge (Jr.Dn.) and JMFC, Maddur. Learned counsel for respondents/claimants orally objected to allow the said application.

12. I have heard the arguments advanced by the learned counsel appearing for both the parties on main appeal as well as IA No.1/2025.

13. While disposing of the claim petition, both sides have not produced a copy of the charge sheet. The appellant/insurance company has produced the same in this appeal by