PUTTAIAH Vs. SUMATHI MAJOR

JUDGEMENT

(1.) This is an appeal filed by the claimants for enhancement of the compensation awarded by the Fast Track Court and MACT at Arkalgud in MVC No.358/2008 as well as the liability imposed on the owner of the goods vehicle bearing registration No.KA-09-2694 to pay the compensation.

(2.) The claimants are the father, mother and siblings of the deceased Rangaswamy who was aged 22 years during the year 2007. The claim petition discloses that the said Rangaswamy was engaged by a person to load ginger on to a goods lorry bearing registration No.KA-09-2694. On 16.04.2007, when the said lorry was proceeding on Bannur-Konanur road, the driver of the lorry drove it negligently, lost control and fell into the tank. The said Rangaswamy died at the spot. It is claimed that the said Rangaswamy was earning Rs.6,000/- per month and was maintaining the family. The claimants contended that as a result of the accidental death due to the actionable negligence by the driver of the lorry, the claimants had lost the earnings of the deceased on whom they were dependent. The claimants contended that they had spent Rs.20,000/- for funeral and other obsequies and hence, they filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of a sum of Rs.12,00,000/-.

(3.) The insurer contended that the claimants are not entitled for compensation as the deceased was a gratuitous passenger traveling in a goods vehicle and therefore, there was violation of the terms and conditions of the policy, as well as the permit and therefore, it was exonerated from indemnifying the owner of the vehicle in question.