ORIENTAL INSURANCE COMPANY LTD Vs. SANNAMMA

JUDGEMENT

(1.) Mfa.No.5572/2011 is filed by the Insurance Company challenging the judgment and award passed in MVC.No.51/2009 dated 15.11.2010 on the file of VI Additional District Judge and MACT, Mysore, questioning the liability fastening on the Insurance Company. MFA.Crob.No.25/2017 is filed by the claimants.

(2.) The brief facts of the case are that the claimants have filed the claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.65,75,000/- for the death of one Thimmegowda. It is contended that on 02.04.2008 at about 12.00 noon at ring road junction on Mysore5 Bangalore road, Mysore, when deceased Thimmegowda was returning with goods in vehicle bearing registration No.KA-11-8311, the driver of the said goods auto rickshaw drove the same in a rash and negligent manner and did not stop the same in a signal and went and dashed against the car bearing registration No.KA- 03-N-8853 which was coming from KRS ring road. Due to the impact, the said Thimmegowda, who was sitting in front sustained injuries to head and other parts of the body and he was taken to K.R.hospital, Mysore. But, he expired on the way to hospital. The first claimant is the wife, second and third claimants are the sons and the fourth claimant is the daughter of the deceased Thimmegowda. It is their contention that he was an agriculturist and vegetable vendor and thereby, he was earning Rs.300/- per day from vegetable vending. He was earning Rs.50,000/- per annum from agriculture.

(3.) The Insurance Company has filed written statement contending in para-2 that on the date of the accident, the petitioner was travelling in the goods auto as a gratuitous passenger and seating capacity of the alleged vehicle is 1+1. As per the statement of one H.K.Ravi, on the date of the alleged accident along with the driver, three persons were travelled in the said vehicle as gratuitous passengers. Hence, the Insurance Company is not liable to pay the compensation.