KALPATHARU GRAMEENA BANK Vs. C. K. SOBAGAIAH

JUDGEMENT

(1.) The appellant is before this Court, aggrieved by the saddling of liability under the judgment and award dated 18.04.2015 in MVC No.752/2010 on the file of the VIII Additional Small Causes Judge, MACT at Bengaluru (hereinafter referred to as 'the Tribunal' for short).

(2.) The appellant who is the third respondent before the Tribunal was a financier to the first respondent for purchase of Tractor-trailer. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries suffered in a road traffic accident. It is stated that on 28.03.2007, when the claimant was proceeding on Hero Honda motorcycle bearing registration No.KA-02/EB-8134 as a pillion rider, a Tractor and Trailer bearing registration No.KA-06/T-8451 & 8452 dashed against the two wheeler of the claimant while over-taking another lorry bearing registration No.KA-02/D-3010. Due to the accidental impact, the claimant suffered grievous injuries. It is stated that he is a Class-II Contractor and an agriculturist and was earning a sum of Rs.10,000/- p.m.

(3.) On issuance of notice, the respondents appeared before the Tribunal and filed objections. The first respondent denied the accident and involvement of his vehicle. Further he stated that the vehicle was hypothecated to respondent No.3 and stated that they have obtained insurance policy to the vehicle. Respondent No.2/Insurance Company filed statement contending that the Tractor and Trailer is not insured with them for the relevant period i.e., as on 28.03.2007 and the policy was effective from 30.03.2007. As such, they stated that they are not liable to pay any compensation.