ORIENTAL INSURANCE COMPANY LTD. BIJAPUR THROUGH ITS BANGALORE REGIONAL OFFICE NO. 44/45 GEO SHOPPING CENTRE M.G. ROAD BANGALORE Vs. JANAKI BAI D/O BASANAGOUDA GOUDAR

JUDGEMENT

(1.) THE respondent no. 2 in MVC. No. 144/2003 on the file of the Fast Track Court. -II/MACT -IX Bagalkot is the appellant. The case of the claimant is that on 7.12.2002 at about 10 a.m., she was travelling in the three Wheeler tom tom bearing registration No. KA29/4393 from Gorajanal to Amingad. While so driver has driven the tamtam negligently and it resulted in accident. For the pain, suffering and agony seek for compensation.

(2.) THE defence of the Insurance Company is that the tamtam is a goods vehicle. So, it cannot be used as a passenger vehicle. As it is used as a passenger vehicle, there is breach of the condition, it will ensure to the benefit of (he Insurance Company under Section 1);">49 of the Motor Vehicles Act. So, it is not liable to pay the compensation.

(3.) ON the other hand, the learned Advocate for the claimant relies on the ruling referred to by the learned trial Judge, contend that the vehicle tomtom is used for the purposes of carrying men also, the evidence of R.W. 1 is that of an interested witness. The policy is, issued, the principles in the ruling reported in 2006 KCCR (2) 378 is attracted, as the persons are covered under the non -fare paid passengers, the evidence of R.W. 1 will not help the Insurance Company. So, pray for dismissal of the appeal.