BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. PRASHANTH

JUDGEMENT

(1.) The appellant/insurance company has filed this appeal being aggrieved by the judgment and award dated 25-06-2011 made in MVC No.891/2009 passed by the District Judge, Additional Motor Accident Claims Tribunal-II, I Fast Track Court, Shimoga (hereinafter referred to as 'the Tribunal' for short) fastening the liability on them to compensate the claimant.

(2.) The first respondent herein filed the claim petition contending that on 8-4-2009 at about 5.30 p.m., while he was traveling in a Tractor and Trailer bearing Registration No. KA-14/TA-1543-44 belonging to the 3rd respondent herein on Tank Bund of Basavanagangoor village, the driver of the Tractor and Trailer drove the vehicle in a rash and negligent manner. As a result of which, the Tractor and Trailer turned turtle. In view of that, the claimant fell down and sustained grievous injuries. He filed a claim petition contending that due to the rash and negligent driving of the Tractor and Trailer, the accident has occurred. Hence, sought for compensation of Rs.5,20,000/-.

(3.) Though the owner as well as the driver of the Tractor and Trailer were served and entered appearance and that they have filed statement of objections, they have not participated in the trial. The third respondent/insurance company filed written statement denying the entire averments made in the claim petition and contended that the claimant was an unauthorized passenger sitting in the tractor and the insurance policy does not cover the risk of the passenger traveling in the tractor. In violation of the conditions of the policy, the Tractor and Trailer is being used for commercial purposes. Hence, sought for dismissal of the claim petition as against the insurance company.