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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

M.F.A.No.3447 OF 2015 (MV)

BETWEEN:

UNITED INDIA INSURANCE

COMPANY LIMITED

OFFICE AT NO.273/13, MALLIKARJUNA

COMPLEX, PARASIMANDIRA ROAD,

DAVANGERE-577002

REPRESENTED BY THE DIVISIONAL MANAGER

D.O.NO.34/3, M.M.K. COMPLEX,

AKKAMAHADEVI ROAD,

P.J.EXTENSION,

DAVANGERE-577002

& APPELLANT

(BY SRI: P.B.RAJU, ADVOCATE)

AND:

1.

SMT.SAVITRABAI

W/O LATE BHEEMA NAIK

38 YEARS, COOLIE WORK

2.

KUM.SHALINI

D/O LATE BHEEMA NAIK

20 YEARS, STUDENT

3.

KUM.SHARAVATI

D/O LATE BHEEMA NAIK

AGE 19 YEARS,

4.

ANUPRASAD

S/O LATE BHEEMA NAIK

18 YEARS, STUDENT

ALL ARE R/O BOMMANAHALLI THANDA

KODAGANUR POST, DEVANAGERE TALUK-577002

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5.

SMT. CHANDRAMMA

W/O GANGA NAIKA,

OWNER OF TRACTOR TRAILER

NO. KA-17-TA575 & 576, SINCE

THEY DEAD, REPRESENTED BY LRS

6.

CHANDRA NAIKA

S/O GANGA NAIKA,

57 YEARS,

7.

HANUMANTHA NAIK,

S/O GANGA NAIKA, 50 YEARS,

8.

CHANDRA NAIKA,

S/O GANGA NAIKA, 45 YEARS,

RESPONDENT NO.6 TO 8 ARE

R/O BOMMENAHALLI THANDA,

KODAGANUR POST,

DAVANGERE TALU-577002

& RESPONDENTS

(BY SRI PRASANNA.B.R. ADVOCATE FOR R1-4,

R6-8 ARE SERVED AND UNREPRESENTED

R6-8 ARE LR9S OF DECEASED OF R5)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED:18.02.2015 PASSED

IN MVC No.22/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE,

MEMBER,

MACT-4,

DAVANAGERE,

AWARDING

A

COMPENSATION OF RS.5,55,000/- WITH INTEREST @ 6% P.A.

FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL COMING ON FOR FURTHER ARGUMENTS THIS

DAY THROUGH VIDEO CONFERENCE THE COURT DELIVERED THE

FOLLOWING:

JUDGMENT

The Insurance Company aggrieved by the impugned

judgment and award dated 18.02.2015 passed in MVC No.22

of 2013 by the learned Principal Senior Civil Judge and MACT-

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IV,

Davanagere

(for

short

8the

Tribunal9),

awarding

compensation of Rs.5,55,000/- with interest at 6% per

annum in favour of the claimants to be paid by the insurer,

has preferred this appeal.

2.

The brief facts of the case are that:

The respondents-claimants before the Tribunal contend

that on 23.05.2012 at about 9.30 p.m., the deceased

Bheema Naik was proceeding along with respondent No.2 in

tractor and trailer bearing registration No.KA-17/TA-575 and

576

from

Channagiri

Taluk,

Kashipura

village,

near

Tyavanagi-Doddaghatt, respondent No.2 being the owner of

the said tractor and trailer drove the same in rash and

negligent manner, as a result of which, Bheema Naik fell

down from the tractor and wheel of the said tractor ran over

him. Immediately, he was shifted to hospital but in the

meantime, he breathed his last.

It is contended by the

claimants that the deceased Bheema Naik was working as

coolie and earning Rs.250/- to 300/- per day. The claimants

are wife and children and they are the legal heirs entitled for

compensation.

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3.

The claim of the claimants is resisted by the

appellant herein which was respondent No.4 before the

Tribunal. It is its contention that there was breach of

condition and the risk of the deceased who was traveling on

the mudguard of the tractor was not covered under the

policy. Therefore, the claim against respondent No.4 i.e.,

appellant herein is to be dismissed.

4.

In support of the contention of the claimants, the

wife of the deceased was examined as PW1 and got marked

Exs.P1 to P26. Respondents got examined RWs.1 to 3 and got

marked Exs.R1 and R2 in support of their contention. The

Tribunal considering all these materials on record came to the

conclusion that the claimants are entitled for compensation of

Rs.5,55,000/- with interest at 6% per annum and the

respondents

are

jointly

and

severally

liable

to

pay

compensation to the claimants. However, in view of the

insurance policy, the insurer was directed to deposit the

compensation to be paid to the cla