BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. BELLAMMA

JUDGEMENT

(1.) THE appeal is by the insurance company challenging the judgment and award dated 30.9.2009 passed in MVC No.694/2006 by the Fast Track-III and Additional MACT- IV, Shivamogga.

(2.) LEARNED counsel for the insurance company submitted that the Tribunal despite the material and evidence to the effect that the deceased was traveling along with the goods in the carriage, has fastened the liability on the insurance company.

(3.) LEARNED counsel for the appellant Insurance Company referred to Rule 100 of Karnataka Motor Vehicle Rules, 1989 and submitted that the provisions to the Rules permits the persons to travel only in the cabin and not in the carriage. To substantiate his submission, learned counsel referred to the judgment of the Supreme Court in the case of NATIONAL INSURANCE CO. LTD. vs. CHOLLETI BHARATAMMA & ORS. reported in AIR 2008 SUPREME COURT 484 wherein at paragraph 17, it has been held that :