NEW INDIA ASSURANCE CO LTD BENGALURU Vs. KAMALAMMA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 22.05.2006 passed in M.V.C.No.239/2003 on the file of Additional Civil Judge (Sr.Dn.) and Additional Motor Accident Claims Tribunal at Hassan ( the Tribunal for short) and set aside the modified award dated 28.08.2010 carried out on 15.09.2010.

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

(3.) The factual matrix of the case is that the first respondent has filed a claim petition claiming the compensation for the death of her son-Harisha in an accident, which took place on 14.09.1998 stating that her son was traveling in a Tractor- Trailor bearing registration No.KA-13, T-729 and 730 (in short the tractor ), was driven in a rash and negligent manner by its driver and dashed against the KEB pole and skidded to the Paddy field. As a result of which one Purushothama and the deceased sustained injuries; wherein the deceased died at the hospital. The deceased was hale and healthy before the accident, doing Supervisory work in the Tractor earning Rs.4,000/- per month and maintaining the claimant. Due to the sudden demise of her son, she has suffered irreparable loss. The first respondent is the owner and the second respondent is the Insurer of the Tractor. The second respondent opposed the claim petition by filing objection statement contending that the deceased was traveling as a passenger contrary to the terms and conditions of the policy and permit. Therefore, the Insurance Company is not liable to pay any compensation.