A.G. MAHESH Vs. SANDEEP AND ORS.

JUDGEMENT

(1.) As these two appeals are arising out of a common Judgment and award passed by the Tribunal, they are heard together and disposed of finally by this common Judgment with the consent of the learned counsel appearing for the parties.

(2.) For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

(3.) The claimant having sustained certain injuries in a road traffic accident that occurred on 11.01.2005 due to rash and negligent driving of a Bajaj luggage auto bearing registration No.KA-18-7090 by its driver, filed a claim petition in MVC No.183/2010 before the MACT, Shimoga, seeking compensation of Rs.6,50,000/- under Sec.166 of Motor Vehicles Act (hereinafter referred to as M.V. Act) from the owner-cum-driver and the insurer of the vehicle. The Tribunal by impugned judgment and award has awarded a compensation of Rs.1,74,478/- with interest at 6% p.a. from the date of claim petition till payment and directed the owner-cum-driver of the offending vehicle to pay the said amount to the claimant on the ground that the claimant having travelled in the offending vehicle as a gratuitous passenger the insurer of the vehicle is not liable to indemnify the owner and pay compensation to the claimant and dismissed the claim petition against the Insurance Co.