MOINUDDIN Vs. SHIVARAJ

JUDGEMENT

(1.) This appeal is filed by the owner of the offending vehicle aggrieved by the judgment and award passed in M.V.C.No.716/2013 on the file of the Prl. Senior Civil Judge and MACT, Kalaburagi, dtd. 8/9/2017, questioning the liability fixed on the owner of the offending vehicle.

(2.) The claim petition was filed seeking compensation of an amount of Rs.32,50,000.00 for the injuries sustained by the claimant in the accident. The facts of the case are that on 4/2/2013 at about 07.15 a.m. the claimant is traveling in Toyota Innova Car from Aland to Tirupati. At that time, the driver of the vehicle drove the same in a rash and negligent manner and lost control over the vehicle. The Car dashed to the pole located on the side of the road, the Car turtled the claimant including other passengers sustained injuries. The claimant had sustained grievous injuries on his forehead and right leg. He was taken to the Hospital and he had spent huge amounts for treatment.

(3.) The Tribunal had granted the compensation of an amount of Rs.13,37,782.00. When it comes to the liability, the Tribunal had held that as per the evidence of the claimant, the vehicle was used for hire by the claimant and others for going to Tirupati on the date of accident. The claimant and other passengers are not relatives of the owner of the vehicle. The Tribunal had observed that the claimant had failed to prove that the insurance policy was issued, covering the risk of the inmates of the offending vehicle. As per Ex.D.1, the insurance policy is covering the risk of the inmates of the offending vehicle. The Tribunal had observed that as per Ex.D.1 the risk of owner cum driver and one employee is covered.