UNITED INDIA INSURANCE CO. LTD. Vs. SHRAVANKUMAR

JUDGEMENT

(1.) In these appeals the appellants have challenged the judgment dtd. 24/7/2013 passed in MVC No.18/2011 on the file of the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Gulgarga (Hereinafter referred to as 'Tribunal' for short).

(2.) The 3rd respondent before the Tribunal has filed the MFA No.32944/2013. The petitioners before the Tribunal have filed the connected appeal in MFA No.32076/2013. The parties will be referred with respect to their status before the Tribunal for the sake of convenience.

(3.) Briefly stated, the facts are that, the petitioners are the parents of Vinod, the deceased. The deceased suffered severe injuries in a road accident that took place on 22/2/2010 near Teerth Cross, Aland while traveling in a Jeep bearing registration No.MH-26/C-4832. Despite he was provided treatment at Government Hospital, Aland, Basaveswar Hospital Gulbara and Yeshodgara Hospital, Solapur he succumbed to injuries on 24/4/2010. Petitioners claimed compensation of Rs.32,32,000.00. They pleaded that deceased was aged 16 years, a student and was also doing coaching and earning Rs.4,000.00 per month. The claim was opposed by the Insurance Company on the ground that the deceased was a fare paid passenger, jeep being used for transportation of passenger and risk of the deceased was not covered under the policy. The Tribunal awarded Rs.2,82,000.00 with 6% interest and fastened the liability on the Insurance Company.