Karnataka High Court
The New India Assurance Company ... vs Sri.Kempegowda on 23 October, 2021
Author: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
M.F.A NO. 296 OF 2016(MV-D)
BETWEEN:
THE NEW INDIA ASSURANCE COMPANY LTD
NO.12241/4, GIRIYAMMA SHAMBHUGOWDA COMPLEX
CHURCH ROAD, CHANNAPATNA TOWN
RAMANAGARA DISTRICT-571501
REPRESENTED BY ITS DIVISIONAL MANAGER
...APPELLANT
(BY SRI.SANMATHI E I, ADVOCATE)
AND:
1. SRI.KEMPEGOWDA
S/O LATE MALLEGOWDA
AGED MAJOR
R/AT S.M DODDI VILLAGE
AKKUR POST, VIRUPAKSHIPURA HOBLI
CHANNAPATNA TALUK-571501
RAMANAGARA DISTRICT
2. SRI NAGEGOWDA
S/O LATE SHIVALINGEGOWDA
AGED ABOUT 44 YEARS
3. SMT MANJULA
W/O NAGEGOWDA
AGED ABOUT 4 YEARS
2
4. SRI AJAY V N
S/O NAGEGOWDA
AGED ABOUT 18 YEARS
RESPONDENTS NO.2 TO 4 ARE
R/AT DODDAVITALENAHALLI VILLAGE
VIRUPAKSHIPURA HOBLI
CHANNAPATNA TALUK-571501
RAMANAGARA DISTRICT
...RESPONDENTS
(BY SRI.T P VIVEKANANDA, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:05.10.2015 PASSED
IN MVC NO.229/13 ON THE FILE OF THE SENIOR CIVIL
JUDGE & JMFC, ADDITIONAL MACT, CHANNAPATTANA,
AWARDING COMPENSATION OF RS.7,79,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL
THE DATE OF DEPOSIT.
THIS MFA COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
The captioned appeal is filed by the Insurance
Company questioning the finding of the Tribunal in
fixing the liability on the Insurance Company to pay
the compensation determined by the Tribunal.
2. The appellant-Insurance Company is before
this Court questioning the finding of the Tribunal
wherein the liability is fixed on the appellant-Insurer.
The learned Single Judge having examined the
question of law involved in the present case on hand
referred the present appeal to be heard along with
the batch of petitions which were already listed before
the Full Bench to decide the controversy as to whether
the passenger traveling on a tractor is covered under
the policy and the Insurance Company is liable to pay
the compensation. The said issue has been put at rest
by the Full Bench of this Court in the judgment
rendered in the present case on 20.4.2021. The Full
Bench of this Court placing reliance on the judgment
rendered by the Apex Court in the case of The New
India Insurance Company .vs. Darshana Devi
and Others1 has held that the liability of a person
sitting on the mud-guard of a tractor is not required to
be covered by the statutory insurance as
contemplated under Sub-Section(1) of Section 147 of
the M.V. Act.
3. In the light of the dictum laid down by the
Full Bench in the judgment cited supra, on reference,
the short point that arises in the present case on hand
has to be answered in favour of the Insurance
Company.
4. Admittedly, in the present case on hand,
the deceased was travelling along with the driver of
the offending vehicle sitting on the mud guard of the
tractor. Therefore, the liability cannot be fixed on the
2008 ACJ 1388(SC)=(2008) 7 SCC 416
insurance company to pay compensation. In the light
of the judgment cited supra, the Insurance Company
is not liable to pay compensation.
5. Accordingly, I pass the following:
ORDER
(i)The appeal is allowed in part.
(ii)The judgment and award passed by the
Tribunal fastening the liability on the appellant-
Insurance Company as well as the first respondent-
owner to pay compensation to the claimants stand
modified.
(iii)The claim petition is dismissed as against the
appellant-Insurance Company.
(iv) The first respondent-owner is liable to pay
the compensation of Rs.7,79,000/- with costs and
future interest at the rate of 6% per annum from
the date of petition till the date of deposit.
(v)The amount in deposit, if any, shall be
refunded to the appellant-insurance company.
Sd/-
JUDGE
*alb/-
