MANAGER ORIENTAL INSURANCE CO LTD Vs. NAGESH

JUDGEMENT

(1.) Though this appeal had been listed for admission before us with the consent of the learned counsel for the respective parties, it was taken up for final disposal.

(2.) This appeal is by the insurer challenging the liability fastened on them on the ground that the risk of the claimant who is a police constable, being a gratuitous passenger in the goods vehicle involved in the accident, is not covered under the policy of the insurance issued by the appellant u/s.147 of the M.V. Act 1988.

(3.) The factual matrix of the case are as follows :- The first respondent-claimant instituted claim petition u/s. 166 of the M.V. Act claiming compensation in respect of the personal injuries which he sustained in a motor accident that took place on 31.1.2000 at about 10,45 p.m. near K. Sathyavara gate situated on Bangalore-Hoskote road involving the lorry bearing Regn. No. CAW 7100 owned by the second respondent and insured with the appellant-insurer at the relevant point of time.