NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANJIBAI

JUDGEMENT

(1.) This appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1988, is by the respondent No.3-Insurance company challenging its liability to pay the compensation on the ground that deceased had taken the offending vehicle on hire basis and as such has stepped into the shoes of the insured and therefore, respondent No.3 is not liable to pay the compensation. Alternatively, respondent No.3 has also challenged the quantum of compensation granted.

(2.) For the sake of convenience, the parties are referred to by their rank before the Tribunal.

(3.) Facts: Brief facts leading to filing of the claim petition are that the petitioners are the wife and children of deceased Naga Naika. On 14/6/2008, at about 3.00 p.m., while deceased was working in his land, respondent No.1 at the time of operating the paddy harvesting machine, drove the tractor No.TN-30/P-2308 (hereinafter referred to as offending vehicle) in a rash or negligent manner, while taking it in reverse and dashed against the deceased. As a result of the accident, the deceased sustained grievous injuries. Immediately, he was shifted to C.G. Hospital, Davanagere. While undergoing treatment, he died on the same night at 8.15 p.m.