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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.Sandesh, T.M.Nadaf
Modinsab, S/O Hussainsab – Appellant
Versus
Amruth, S/O Ramu Pawar – Respondent
JUDGMENT :
H.P.SANDESH, J.
This appeal is filed by the appellants/claimants calling in question the liability to pay the compensation by the insured rather than the insurer and also seeking enhancement of compensation.
2. The date of accident, involvement of vehicle, death of deceased Maheboobsab, son of appellants herein are not in dispute. The only dispute is regarding payment of compensation fastened on the insured rather insurer on the premise that the deceased was traveling in the vehicle as gratuitous passenger.
3. Heard Sri Babu H. Metagudda, learned counsel appearing for the appellants and Smt. Shashikala Jahagirdar, learned counsel appearing for respondent No.3. Notice to respondent No.1 is dispensed with. Respondent No.2 though served remained unrepresented.
4. Sri Babu H. Metagudda taking us through the judgment and award passed by the Tribunal emphasis on issue No.2 wherein the Tribunal framed issue on driving licence. However, the Tribunal proceeded on a different path discussing as the deceased traveled in the vehicle as a gratuitous passenger, no such issue framed on the reasoning. The issues framed particularly issue No.2 is just on driving licence. For easy reference, t
Liability for compensation lies with the insurer, as the deceased was not a gratuitous passenger but employed as a cleaner in the vehicle. The Tribunal's misclassification led to an unjust outcome.
The Insurance Company is liable for compensation if it cannot prove the driver lacked a valid license at the time of the accident.
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
The main legal point established in the judgment is the determination of liability to pay compensation under the Motor Vehicles Act, emphasizing the need for the Insurance Company to prove the violat....
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 main legal point established in the judgment is that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
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