DIVISIONAL MANAGER Vs. SURESH DYAMANAGOUDA

JUDGEMENT

(1.) The insurance company has filed this appeal challenging the judgment and award passed by MACT, Bailhongal in MVC No.3355/2006 dated 19.12.2009. Respondent No.1 was claimant, respondent No.2 was the owner of the vehicle bearing registration No.KA.02.D.1429, which was insured with the appellant insurance company.

(2.) Respondent No.1 has filed petition under Section 166 of Motor vehicles Act claiming compensation for the injury sustained in M.V. accident which took place on 21.06.2006 at about 00.30 hours when respondent No.1 was traveling by sitting in truck tanker bearing registration No.KA.02.D.1429 on NH- 4A road at Hanakal village, Khanapur taluk by that time the driver of the said truck driving in high speed in rash and negligent manner and turtled down by the side of the road and caused the accident, due to which respondent No.1 sustained grievous injuries. Respondent No.1 filed petition for grant of compensation in M.V.C.No.3355/2006 before MACT, Bailhongal. The appellant who was respondent No.2 in the said case filed written statement and taken up the contention that the respondent No.1 was unauthorized passenger in a goods vehicle and the risk is not covered and therefore, the appellant insurance company is not liable to pay the compensation.

(3.) Respondent No.1 examined himself as PW1 and got marked Ex.P1 to P18. The appellant-insurer has not led any evidence. The tribunal after considering the oral and documentary evidence has allowed the petition and granted the compensation of Rs.65,300/- along with interest @ 9% p.a. and directed the appellant-insurance company to deposit the same. The appellant has challenged the said judgment and award in the present appeal.