UNITED INDIA INSURANCE COMPANY LIMITED Vs. KRISHNAPPA

JUDGEMENT

(1.) ALL these appeals filed by the insurer of the offending motor vehicle arise out of the common Judgment and award dated 16-3-2005 in MVC Nos. 4321/02 and 493-502/02 on the file of the VII addl. Judge, Court of Small Causes and Member, MACT-3, Metropolitan area, Bangalore (SCCH-3), for short the 'mact'.

(2.) THE MACT by the common Judgment and award partly allowed the claim petitions of the injured and determined the compensation for injuries sustained by them, in the accident involving the motor vehicle being a lorry bearing certificate of registration No. MYX 7977, driven in a rash and negligent manner: While, so doing the MACT noticed that the claimants were travelling as gratuitous passengers in a goods vehicle, nevertheless in the light of the decision in Pramod Kumar Agarwal Vs. Mushtari Begum reported in AIR 2004 SCW 5010 fastened the liability on the appellant-insurer to pay the compensation and to recover the same from the insured-owner of the vehicle. The insurer aggrieved by the fastening of the liability has preferred this appeal.

(3.) LEARNED Counsel for the appellant draws the attention of the Court to the Judgment of the Apex Court innational Insurance Company Limited vs. Vedawati and Others reported in 2007 (3) SCALE 397 to contend that the Motor Vehicles Act, 1988 for short the 'act' does not enjoin statutory liability on the owner of the motor vehicle to get his vehicle insured for any passengers travelling in a goods carriage and the insurer would have no liability therefor. According to the learned Counsel, the motor vehicle in question is a goods carriage meant to carry goods and not carry passengers. The claimants having travelled in a goods carriage and sustained injuries, it is for the insured to make good the compensation and no liability could be fastened on the appellant.