IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULiARGA DATED THIS THE 17 TH DAY OF MARCH 2011 BEFORE: THE HON’BLE MRJUSTICE MOHAN SHANTANAGOUDAR 4No5923(2006MV OO7MV 07MV f4JjEflflfl4fl007MV t&tM4P±flLZPQ; nfl: Gur 1 darnma W/o Saheb Gowda Mali Biradar, Age: About 48 years, Ccc: Kooli, R/o Janiwar, Taluk Jewargi, Dist: Gulbarga. AppeHant (By Sri N S. Deshpande, Adv.,) And: 1. Lingu © Lingabasappa Hosarnani, Sb Basavaraj, Age: Major, Oc:Driver of ?Tractor, No. KA32, 167475, RIo. Rasanagi, Taluk Jewargi, Dist: Gulbarga. 2. The Divisional Manager, United India Insurance Co. Ltd., Dr.Jawali Complex, Super Market, Gulbarga. 3. Smt. Mallamma, W/o Basanna Alut, Age: Major, Occ:Owner & R.C. Holder of Vehicle, Tractor No. Ka-32-1674-75, Rio. Sagnur,Taluk Afzalpur, District : Gulbarga. . .Respondents (By Sri Manvendra Reddy, Adv., for R2 Ri served) This MFA is filed under Section 173 (1) of MV act against the Judgment and Award dated. 01.02.2006 passed in MVC No. 250/03 on the file of the III Addi. Civil Judge (Sr.Dn.),Member, MACT, No. VII Gulbarga partly allowing the claim petition for compensation and seeking enhancement of corn pensation. MFA .No.11312/2007: Between G u ran n a Sb Iranna Sumbad, Age: About 24 years, 0cc: Labour, R/o Janiwar, Tq.Jewargi, Dist: Gulbarga. . .Appellant (By Sri Harshavardhan R.Malipatil, Adv.,) And: 1. Mallamma W/o Basanna Alur, Age: Major, Ccc: Hosehold. Rio. Saganoor, Tq. Afzalpur, Dist: G u lb a rga. 2. Divisional Manager, United India Insurance Ltd., Jewali Complex, Super Market, Gulbarga. . . Respondents (By Sri Basavaraj R.Math, Adv., for Ri Sri B.S. Saragon,Adv.,for R2) This MFA is filed under Section 173 (1) of MV act against the Judgment and Award dated. 04.08.2006 passed in MVC No. 189/04 on the file of the I Addl. Civil Judge (Sr.Dn.),Member, MACT, No. VI Gulbarga, partly allowing the claim petition for compensation and seeking enhancement of compensation. MFA.No.11313/2007: Between: Shantabai W/o Mahadevapa Sumbad, Age:About 48 years, 0cc: Labour, R/o Janiwar, Tq. ]ewargi, Dist:Gulbarga. . .Appellant (By Sri Harshavardhan R.Malipatil Adv.,) 4 And: 1. Mallamma W/o Basanna Alur, Age: Major, 0cc: Hosehold. R/oSaganoor, Tq. Afzalpur, Di st: Gui b a rga. 2. Divisional Manager, United India Insurance Ltd., Jewali Complex, Super Market, Gulbarga. . . Respondents (By Sri Basavaraj R.Math, Adv., for Ri Sri Manvendra Reddy, Adv.,for R2) This MFA is filed under Section 173 (1) of MV act against the Judgment and Award dated. 04.08.2006 passed in MVC No. 187/04 on the file of the I Addi. Civil Judge (Sr.Dn.),Member, MACT, No. VI Gulbarga partly allowing the claim petition for compensation and seeking enhancement of compensation. MFA.No.i.1314/2007: Between S u nd ra ba i W/o Iranna Sumbad, Age: About 48 years, 0cc: Agriculture,& Coolie, R/o Janiwar, Tq. Jewargi, Dist:Gulbarga. . .Appellant (By Sri Harshavardhan R.Malipatil Adv.,) 5 And: 1. Mallamma W/o Basanna Alur, Age: Major, 0cc: Hosehold. R/oSaganoor, Tq. Afzalpur, Dist:Gulbarga. 2. Divisional Manager, United Inida Insurance Ltd., Jewali Complex, Super Market, Gulbarga. . . Respondents (By Sri Basavaraj R.Math, Adv., for Ri Sri Manvendra Reddy, Adv.,for R2 ) This MFA is filed under Section 173 (1) of MV act against the Judgment and Award dated. 04.08.2006 passed in MVC No. 190/04 on the file of the I AddI. Civil Judge (Sr.Dn.),Member, MACT, No. VI Gulbarga partly allowing the claim petition for compensation and seeking enhancement of compensation. These MFA are coming on for admission this day, the Court delivered the following: JUDGMENT The appellants herein are the claimants. They sustained certain injuries in the accident that occurred on 2.2.2003 while they were proceeding in Tractor-Trailor bearing registration No.KA 32 1674/1675. According to the claimants, they were labourers working with the owner of the 6 Tractor-Trailor. They are the loaders and the unloaders. While the tractor loaded with heavy stones was being proceeded near Rasangi village, the driver of the tractor drove the tractor in a rash and negligent manner with high speed and consequently, the vehicle turned turtle. The claimants fell down to the ground and the stones fell down on them. Consequent upon which, the claimants suffered certain grievous injuries. The Tribunal awarded certain amount of compensation in each of the matters. The owner of the Tractor-Trailor was made liable to pay the compensation. These appeals are filed by the claimants praying for enhancement of compensation, as well as, fixing the liability on the Insurance Company. 2. It is no doubt true that the vehicle involved in the accident was covered with the insurance policy. One of the complainant viz., Mahadevappa lodged the complaint as per Ex.P-1 before the police immediately after the accident. In the complaint, he has stated that the villagers of Janivar heard that one Mr.Iranna Sumbad of his village has expired in Rasangi village. Immediately, after getting such news i.e., 7 on 2.2.2003, himself, his wife Shatabai and his co-villagers viz., Shankaramma, Shankarappa, Eramma, Erappa, Su n d a ra ba i, Era n na, Gundm ma, Sa he bg ou d, Shivasharanappa and etc., went near the road in order to catch the bus to go to Rasangi village. At that point of time, the tractor in question came. The complainant and other aforementioned villagers requested the driver of the tractor to give lift to them up to Rasangi village. The Tractor-Trailor was loaded with stones. They sat on the stone load. Thereafter, the accident took place due to the rash and negligent driving of the driver. There is no reason as to why such a version which is forthcoming immediately after the accident should be disbelieved. As aforementioned, the complainant is also one of the claimant. The contents of Ex.P-1 are contrary to the averments made in the claim petition filed by the claimants. In the claim petition, it is averred that they were the loaders and unloaders and they wanted to go to Rasangi village for unloading the stones. From the above, it is clear that the version found in the claim petitions is clearly an after thought and cannot be believed. 8 Therefore, the Tribunal has rightly not believed such version. Since all the claimants were paid passengers travelling in a goods vehicle, the insurance company is not liable to pay compensation. Thus, the Tribunal has imposed liability on the owner of the vehicle to pay the compensation. The compensation awarded by the Tribunal below is also just and proper under the facts and circumstances of the case. Hence, no interference is called for. Appeals fail and accordingly, they are dIsmissecL Sd/ Tt 4 *bk/