ALAMELAMMA Vs. H M AANANDA REDDY

JUDGEMENT

(1.) THIS appeal by the appellant claimant is directed against the impugned judgment and award dated 08/12/2006 passed in MVC No.1856/2005 by the 14th Additional Judge, court of small Causes and Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-10), (Hereinafter referred to as 'Tribunal' for short].

(2.) THE Tribunal by its Judgment and award has awarded a sum of Rs.2,24,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit fastening the liability on the first respondent, as against the claim of the claimants for a sum of Rs.12,00,000/-, on account of the death the deceased Sri Raghu @ Raghavendra, in the road traffic accident.

(3.) LEARNED counsel for the appellant, at the outset submitted that, the Tribunal has erred in assessing the income of the deceased at Rs.3,000/- per month instead of Rs.6.000/- as claimed by the appellant. Further, He submitted that, the Tribunal has erred in placing the reliance on the judgment of the Supreme Court reported in 2005 ACJ 572 (M.V. Jayadevappa and others Vs. Oriental Fire & General Insurance Co., Ltd., and others), wherein, the claimant was an unauthorized passenger in the said Vehicle and therefore, the Apex Court has held that, the good vehicle could not have carried passengers and exonerated the Insurance Company. To substantiate the said submission, he placed reliance on the judgment of this Court in the case ofthe Divisional Manager, the new India Insurance Co., Ltd., Vs Sri Shashidhara and another Reported in ILR 2008 Karnataka 4414, wherein, this Court has held that Rule clearly says that one person other than the driver can be carried in the vehicle, the claimant was accompanying the vehicle as the hirer, and there was no infirmity in the claim having been allowed. Therefore, he submitted that the impugned judgment and award is liable to be modified by enhancing just and reasonable compensation and the Insurer may be directed to indemnify the award amount and by exonerating the liability fastened on the owner of the offending vehicle,