Jayachandra @ Lakshamana vs K. Kumar
2021 Latest Caselaw 1135 Kant

                                           MFA 415/2014
                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF JANUARY 2021

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

             M.F.A.No.415 /2014 (MV - I)

BETWEEN:

JAYACHANDRA @ LAKSHAMANA,
S/O MADHU,
AGED ABOUT 32 YEARS,
R/O K.T.16/A, OPP. B.Ed., COLLEGE,
CHAMUNDESHWARI NAGAR,
BANNUR ROAD,
MANDYA - TQ & DIST.
PIN-571 401.                             ... APPELLANT

(BY SRI RAJA.L, ADV.)

AND:

1.     K.KUMAR,
       S/O KRISHNEGOWDA, MAJOR,
       R/O MELLAHALLI VILLAGE,
       VARUNA HOBLI,
       MYSORE DIST-571 401.

2.     THE BRANCH MANAGER,
       NATIONAL INSURANCE CO. LTD.,
       V.V. ROAD,
       MANDYA-571 401.                ... RESPONDENTS

( NOTICE SERVED TO R1;
  BY SRI ASHOK KUMAR, ADV. FOR
     SRI M.NARAYANAPPA, ADV. FOR R-2)
                                                   MFA 415/2014
                              2




     THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT    AGAINST     THE    JUDGMENT    AND     AWARD
DATED:19.11.2011 PASSED IN MVC NO.52/2008 ON THE
FILE OF THE ADDL. SENIOR CIVIL JUDGE & CJM, MACT,
MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING   ENHANCEMENT     OF
COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

1. This is an appeal by the owner. The claim petition was

filed contending that when the claimant was traveling in

Maruti Car on 07.04.2007 from Mysuru to Bengaluru, the car

met with an accident when the driver of the vehicle lost

control and hit the wall of Jyothi Feeds and thus resulted in

the claimant sustaining severe injuries and respondent no.1

i.e., the owner of the car died at the spot. The claim petition

was filed seeking compensation for the severe injuries

suffered.

2. The Tribunal, after assessing the evidence, recorded a

finding that the accident did occur due to the rash and

negligent driving of the driver of the maruti car and MFA 415/2014

proceeded to assess a sum of Rs.20,000/- as compensation

and awarded interest at the rate of 9% per annum.

3. The Tribunal, however, proceeded to exonerate the

liability of the Insurance Company on the ground that the

claimant was gratuitous passenger in a motor vehicle, and

therefore, was not liable to pay the compensation.

4. Learned Counsel for the appellant contended that in

view of the decision of the Apex Court in the case of

NATIONAL INSURANCE COMPANY LIMITED VS

BALAKRISHNAN & ANOTHER - (2013)1 SCC 731, that in

terms of a package policy the inmates of a car are also

covered and the liability of the Insurance Company would not

stand exonerated, the award of the Tribunal cannot be

sustained.

5. Learned Counsel for the Insurance Company, on the

other hand, contended that the award of the Tribunal does

not call for any interference.

6. It cannot be dispute that in respect of a package policy,

all the inmates of the car are also covered. The liability of the MFA 415/2014

passengers traveling in the car are also covered in view of the

decision of the Apex Court stated supra. In that view of the

matter, the award of the Tribunal exonerating the liability of

the Insurance Company cannot be sustained and is

accordingly set aside. It is made clear that the Insurance

Company would be liable to pay the compensation of

Rs.20,000/- with interest at the rate of 9% per annum from

the date of the petition till its realization.

7. The appeal is accordingly allowed in part and the award

of the Tribunal stands modified to the extent stated above.

Sd/-

JUDGE

KK