ORIGINAL INSURANCE COMPANY LIMITED Vs. KULLEGOWDA

JUDGEMENT

(1.) THE insurer of the offending vehicle aggrieved by the common Judgment and award dated 3-3-2005 in MVC Nos. 74, 75 and 115/97 of the Addl. Civil Judge (Sr. Dn) and MACT, Mandya, for short 'mact, has preferred this appeal.

(2.) THE short point for decision making is, whether the MACT in the facts and circumstances of the case having recorded a finding that the claimants were passengers in the goods carriage and not loaders as contended, was justified in fastening liability on the appellant to pay the compensation and to recover the same from the owner by filing Execution petition?

(3.) THE answer to the above question need not detain the Court for long. The Apex Court in New India Assurance Company Limited Vs. Asha rani, 2003 ACJ 1 followed by the Judgment in National Insurance company Limited Vs. Vedawathi and Another, 2007 (3) SCALE 397 held that the Motor Vehicles Act, 1988 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 thereof. Applying the very same principles to the facts of this case in respect of an accident that occurred on 19-5-1995, the MACT was not justified in fastening the liability on the appellant to pay the compensation and recover the same from the owner by filing Execution Petition.