High Court Karnataka High Court

The United India Insurance Co Ltd vs Smt Rajamma on 21 November, 2008

Karnataka High Court
The United India Insurance Co Ltd vs Smt Rajamma on 21 November, 2008
Author: Huluvadi G.Ramesh
1

IN THE HIGH COURT OF KARNATAKA AT BANGALC!f§'E.

DATED THIS THE 2181* DAY OF NOVEMBEQA' 

THE HONBLE MR. JUSTICE _ 
M.F.A.No.1326goF 2905  '   
BETWEEN:     

1

{By sri: P B€RAJii;1'vAfiV0(:%fi§E :    

AND :

BEFORE

THE UNITED INDIA INSURANCE .90 LTD

MAIL ROAD, CHANNAI, --B1€AN;,CI--I  _

ASHOKNAGAR, NIPPARI, m1':*~s R-EGIQNAL

omca, NC225, sHA--::xAvRNARAYAreA¢BLIILDING

M.G.RoA;s,--.I3ANG;aLoR3:o1-._  j -. V' 

REPRES§3N'I'EDVB¥ '~¥T{'S_DEP£}'i'5' MAMGER
 "   ~   »  APPELLANT

; 'Sm RAJAMMA

" [ O LATE SRI...S._¥{EVARAMAiAH

 AGED Aaouw 52 YEARS
~ ._ R;0F'A_N:3AD1HALL1, MA::>1HALL1, HOBLI
33239 TaI,,is:..3'I<, HASSAN DIS'I'R§C'I'

 MAhiJ'1fiT:m§

 D ;'o '£A'I'E SR; SHIVARAMAIAH

AGED ABOUT 32 YEARS
R/OF ANGADIHALLI, MADIHALLI HOBLI

'A 'T «BELUR TALUK, I-{ASSAN DiS'I'RIC'I'

A SRINWASA

S/O LATE SR1 SHIVARAMAIAH

AGED ABOUT 23 YEARS

R/01*' ANGADIHALLI, MADIHALLI HOELI
BELUR TALUK, HASSAN DIS'I'R§C'{'

MAMATHA
E)/O LATE SR§ SHIVARAMAMH
AGED ABOUT £21 YEARS

W



accident that occurred when the claimant   

along with the goods. As per   ii

147 of Motor Vehicles Act,   

one owner of the goods   two " V

or three. As such, the  ought' fO"'h£a.\;'e fixed
liability on the owner of not the
il'1S11I'f3I' for Violette!) of   the poiicy.

3. Per  the respondents

subxnittetiiv by two or three
travelling accident has

smea:~1y,moiMpA No.IO455/2005 35 other

i court has held that insurance

satisfy the award amount and the

_ apnea] Aiby the insurance company has been

e as “cusmissed.

“4.’: In View of the submission made by the counsel

Vi -fot the parties, it is seen that the ciaimants were

i U travelling along with their goods and therefore hired the

vehicle and the vehicle met with an accident while

travelling along with the goods and that would cover

3%”

tribunal for _

within the meaning of Section 147 of

Vehicles Act.

5. In the circumstances, it

judgment of this cou1’tV.=i1:_1

rendered on 8.3.2007. and
accordingly it is award
passed by the lisibility on the
insurance

Tl1_c__V Hansfermd to the

& . Sal’:

Iudge