MANDOVI MOTORS PVT LTD Vs. K RAMU

JUDGEMENT

(1.) This appeal is by the owner questioning the liability held against him in the judgment and award in M.V.C. No. 546/2004 dated 9.10.2007 on the file of M.A.C.T., Mangalore, Dakshina Kannada District.

(2.) Facts leading to this case are that, claimants - the parents, brother and sisters of the deceased filed a claim petition claiming compensation of Rs. 10,00,000/- with interest for the death of one Naveen, who was traveling in a vehicle bearing No. TCR-KA-19-TC/2002-03/17, a Maruthi car, which was brand new car and was not yet permanently registred. The said vehicle dashed against the culvert near Hire save hobli on Bangalore-Mangalore road, as a result of which, the driver as well as Naveen died due to the injuries. It is stated that the deceased was hale and healthy and was an earning member of the family.

(3.) The said claim petition was opposed by the insurer interalia disputing its liability, on the ground that the policy issued was only for the trade purpose and there is no liability to pay the compensation for the death or injury of a stranger, who was traveling in the said vehicle. The Tribunal on the basis of these pleadings, though determined the compensation at Rs. 2,02,000/-, however, held that the owner - Appellant herein is liable to pay the compensation and absolved the insurer from its liability. It is against this finding, the owner of the vehicle is before this Court.