UNITED INDIA INSURANCE CO LTD Vs. SUSHEELAMMA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgment and award dated 26.08.2009 passed in M.V.C.No.1371/1195 on the file of the Additional District and Sessions Judge, Chitradurga ('the Tribunal' for short) questioning the fastening of liability on the Insurance Company.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claimants are the wife, parents, brother and sister of one Dyamappa who died in the accident. The claimants contended that the said Dyamappa was working as a Clerk-cum-Manager and further while he was travelling in lorry bearing registration No.KA- 06/347 on 26.06.1995, the driver of the lorry dashed against the on coming lorry bearing registration No.MP-23/D-2941 and he succumbed to the injuries. The vehicle was insured with the appellant herein and the appellant had issued the policy of insurance in the name of one Syed Shafiulla with effect from 18.08.1994 to 17.08.1995. The said policy of insurance was subsequently transferred in the name of R. Akbar Ali with effect from 11.01.2005. As on the date of the accident, R. Akbar Ali was the RC owner. It is contended that the deceased was travelling as a gratuitous passenger and his risk was not required to be covered and the Tribunal fastened the liability on the Insurance Company.