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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Shriram General Insurance Company Ltd. – Appellant
Versus
Manjamma, W/o. Late Rajappa T.K. – Respondent
| Table of Content |
|---|
| 1. incident leading to claim for compensation. (Para 1 , 3) |
| 2. arguments on compensation amount and liability. (Para 4 , 5) |
| 3. court's analysis of liability and insurance. (Para 6 , 7 , 8 , 9 , 10) |
| 4. determination of insurer's liability based on precedent. (Para 11 , 12) |
| 5. final decisions on compensation and orders. (Para 13 , 14) |
JUDGMENT :
VENKATESH NAIK T., J.
MFA No.7305/2019 is filed by the Insurance Company challenging the judgment and award dated 15.04.2019 passed in MVC No.4323/2016 by learned Addl. Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-13) (for short, 'Tribunal'), whereby, the Tribunal granted a compensation of Rs.25,32,160/- to the claimants, whereas, MFA.Crob.No.81/2021 is filed by the claimants seeking enhancement of compensation.
2. For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.
3. Brief facts of the claimant's case before the Tribunal are as under:-
On 03.03.2016, at about 8.00 p.m., one Rajappa T.K. (herein after referred to as 'deceased'), his brother Ramesh and Ganesh were making haystack at their land at Tharabahalli village. At this time, the tractor-
The insurer of the tractor is liable for compensation despite the trailer's unregistered status; future prospects must be included in income assessment for dependency compensation.
Death in motor accident – Liability of tractor/its insurer extended to accident caused by tractor resulting in death of deceased who fell off Tractor trailer and suffered fatal injuries.
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
Insurer's appeal admission via affidavit that policy covered third-party liability for tractor and trailer shifts liability to insurer under Section 149 MV Act, overriding tribunal's finding of no co....
Insurance companies are not liable to indemnify for claims involving passengers if the vehicle was not authorized for passenger transport.
The liability of an Insurance Company for a motor vehicle accident is determined based on the insurance coverage of the vehicles involved, and the court may dismiss additional claims if not raised th....
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