NATIONAL INSURANCE CO LTD Vs. VAIDEHI R. S.

JUDGEMENT

(1.) These appeals are by the Insurance Company aggrieved by the common judgment and award dated 05.05.2014 passed in MVC Nos.443, 444, 445, 446, 447 and 448 of 2004 on the file of the Fast Track Court and Additional Motor Accident Claims Tribunal, Tumkur.

(2.) The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death of one M.S.Ramachandra Rao in MVC No.445/2004 and for the injuries suffered by the claimants in other MVC's. Death of Ramachandra Rao and injuries suffered by the claimants are in a road traffic accident that occurred on 19.11.2003. It is stated that when the deceased and his relatives were returning from Hosadurga after completing the marriage reception of the daughter of the deceased in a Tata Sumo bearing registration No. KA-37/P-7700 belonging to respondent No.1. On the early morning of 20.11.2003, the driver of the offending vehicle drove the vehicle in a rash and negligent manner, due to which, the vehicle fell into a ditch from the bridge. In the accident, one M.S.Ramachandra Rao died and other claimants suffered grievous injuries.

(3.) In pursuance of the notice issued by the Tribunal, all the respondents appeared before the Tribunal and filed their independent objections. The 3rd respondent/insurer mainly contended that the car bearing registration No.KA-37/P-7700 is a private car and policy was issued to private car. The same was used as commercial vehicle i.e. as taxi. Therefore, there is no insurance covered, as such the insurer is not liable to pay the compensation.