UNITED INDIA INSURANCE CO, LTD. Vs. N MOHAN

JUDGEMENT

(1.) These appeals are filed by the insurer challenging its liability to pay the compensation awarded by the Tribunal in MVC Nos.6332/2010, 6333/2010 and 7790/2010.

(2.) The claim petitions filed by the claimants indicates that they were traveling in a goods vehicle bearing registration No.KA-37-3264 along with vegetables which they were carrying to the City market, Bengaluru from Sarjapur. The vehicle was driven in a rash and negligent manner and while so proceeding, the driver lost control and veered off the road and fell into a drainage. As a result of this, the claimants suffered injuries. The Tribunal noticed from the evidence of the claimants that the vehicle in question was a goods vehicle and that the claimants were all carrying vegetable boxes in the aforesaid vehicle and thus, the Tribunal awarded compensation of a sum of Rs.1,51,133/- to the claimant in MVC No.6332/2010 along with interest at the rate of 6% per annum from the date of petition till its realization; Rs.70,945/- to the claimant in MVC No.6333/2010 along with interest at the rate of 6% per annum from the date of petition till the amount is deposited in the Court; Rs.3,800/- to the claimant in MVC No.7790/2010 along with interest at the rate of 6% per annum from the date of petition till the amount is deposited in the Court.

(3.) The insurer in these appeals contend that the claimants were not entitled to any compensation since they were gratuitous passengers traveling in the goods vehicle and that the liability cannot be fastened on the insurer. This question is no longer res-intigra, in view of the full Bench Judgment of this Court in the case of New India Assurance Co., Ltd., Bijapur Vs. Yallavva and another, 2020 2 KCCR 1405 (FB).