NEW INDIA ASSURANCE CO LTD Vs. VENKTARAMANA

JUDGEMENT

(1.) ONE Mahadevi is the minor aged about 12 years is the deceased in M. V. C. No. 105 of 1997. The parents are petitioners seeking compensation. The Tribunal awarded compensation of Rs. 1,50,000 with interest at 6 per cent per annum, from the date of petition till payment. The Tribunal directed the owner and the insurer of the tanker to pay the compensation. The claim against the owner and insurer of the lorry is dismissed.

(2.) THE insurer of the tanker is in appeal seeking avoidance of the liability on the ground that the deceased is an unauthorised passenger in the goods vehicle. The claimants have filed cross-objection seeking fastening of liability on the owner and insurer of the lorry and also enhancement of compensation. The facts disclose that the deceased and petitioners were travelling as passengers in a tanker. In view of the ruling of the Supreme Court in New india Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC) and M. V. Jayadevappa v. Oriental Fire and Genl. Ins. Co. Ltd. , 2005 acj 1801 (SC), the insurer of the tanker does not incur any liability to pay the compensation for the death or bodily injuries caused to passenger in a goods vehicle. Therefore, the award made against insurer is bad in law and the same is set aside.

(3.) THE Division Bench of this court in united India Insurance Co. Ltd. v. V. Balasubramanyam, 1990 ACJ 736 (Karnataka)and in United India Insurance Co. Ltd. v. V. Nagarathna, 2001 ACJ 1632 (Karnataka), has taken a view that in an appeal filed by the insurer, the petitioner is not entitled to seek the enhancement of compensation by way of cross-objection.