NATIONAL INSURANCE CO. LTD. Vs. MANJUNATH

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company challenging the judgment and award dtd. 6/1/2016 passed in MVC.No.1086/2012 by the Senior Civil Judge, Gubbi, on the ground of liability.

(2.) Brief facts of the case are as under: On 30/6/2012 at about 7.30 am., the claimant No.1 has taken the Tractor Trailer bearing Reg.No.KA06-TA-9520-9521 to shift the manure to the garden of claimant No.1 on hire basis. To load the manure, the claimant No.1 has taken the labourers of Mallesh, Ramaiah, Sanjeevachar to the said manure pit of Obalaiah of Shivapura Village. By that time, the driver of the said tractor drove the vehicle in a rash and negligent manner and taken back side, without any caution and signal and dashed against the Mallesh and Dodaiah, as a result of which, the said Mallesh has sustained injuries all over the body, immediately, Mallesh was taken to the hospital in a Maruthi van of Karibasavaiah and on the way to hospital near Kenchanahalli at about 9 am., the said Mallesh died due to the injuries sustained in the accident.

(3.) Learned counsel for the appellant - Insurance Company vehemently submitted that the Tribunal has wrongly fastened the liability on the Insurance Company, but as per Ex.R1-insurance policy, the risk of the deceased who is stated to be the loader and unloader is not covered. Further submitted that the claimants themselves submitted in the claim petition and in the evidence that they have taken the Tractor Trailer on hire basis. Therefore, submitted that when the Tractor Trailer was taken on hire basis and as per the conditions of insurance policy, the Insurance Company is not liable to pay compensation. It is further submitted that there is no restrictions in the insurance policy and it can be seen from Ex.R1- insurance policy that the vehicle shall not be utilized for hire purposes, but the claimants themselves stated that the vehicle was taken on hire basis. Hence, the appellant - Insurance Company is not liable to pay compensation. Therefore, submitted that the above said facts are not discussed by the Tribunal in its judgment. Therefore, submitted that the impugned judgment and award is illegal and perverse. Therefore, prays for exonerating the Insurance Company from payment of compensation by allowing the appeal.