LAKKAWWA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) Assailing the order dtd. 19/11/2015 passed by the High Court [High Court of Karnataka at Dharwad Bench] in an appeal [M.F.A. No. 4325 of 2008 challenging Award dated 26.01.20008 in M.V.C.No. 32/2005 by Motor Accident Claims Tribunal No.VI, Jamkhandi, Mudhol] filed by the respondent-Insurance company, dismissing the claim against the Insurer on the ground that the deceased (Muttappa) was a gratuitous passenger; the claimants (appellant No.1 - wife and appellants Nos. 2 to 5 -children of the deceased) have preferred this appeal.

(3.) As per the averments made in the claim petition [M.V.C.No. 32/2005], On 17/6/2004 the deceased (Muttappa) was traveling in a goods vehicle bearing Registration No. KA-29/ 4449 belong to respondent No.2(owner). The vehicle was driven in rash and negligent manner with high speed. Due to sudden application of brakes, the vehicle was overturned resulting in grievous injuries to the deceased. Initially, the deceased was hospitalized in Mahalingapur Government Hospital, later shifted to K.L.E. Hospital Belgaum; however, he succumbed to the injuries on 22/6/2004.