Case Note & Summary
The appeal was filed by the Insurance Company challenging the judgment and award dated 07.03.2012 passed in MVC No.61/2011 by the Senior Civil Judge and Additional MACT, Haveri. The facts of the case are that on 09.10.2010, the deceased was working as a laborer in L and T Company, which had received contract work from MESCOM for fixing poles. The deceased was traveling in a tractor and trailer along with other laborers when the tractor overturned, causing fatal injuries. The claimants, being the legal representatives of the deceased, filed a claim petition before the Tribunal. The Tribunal awarded compensation, which the Insurance Company challenged on the ground that the accident did not arise out of the use of the tractor and trailer. The court, after considering the facts, held that the accident clearly arose out of the use of the tractor and trailer, as the deceased was being transported as a laborer in the vehicle. The court further held that the deceased was a third party, and the insurer is liable to pay compensation. The appeal was dismissed, and the judgment and award of the Tribunal were confirmed.
Headnote
A) Motor Vehicles Act - Liability of Insurer - Use of Vehicle - The accident occurred when the deceased was traveling in a tractor and trailer as a laborer, and the vehicle overturned. The court held that the accident arose out of the use of the tractor and trailer, and the insurer is liable to pay compensation as the deceased was a third party. (Paras 1-3)
Issue of Consideration
Whether the accident arose out of the use of the tractor and trailer, and whether the insurance company is liable to pay compensation.
Final Decision
The appeal is dismissed. The judgment and award dated 07.03.2012 passed in MVC No.61/2011 by the Senior Civil Judge and Additional MACT, Haveri, is confirmed.
Law Points
- Liability of insurer
- use of vehicle
- third party
- Motor Vehicles Act
- 1988
- Section 173(1)
- Section 147
- Section 149
Case Details
2025 LawText (KAR) (07) 80
MFA No. 22880 of 2012 (MV-D)
Sri. Ravindra R. Mane for appellant; Sri. Shivasai M. Patil for respondents 1 and 2
Bajaj Allianz General Insurance Co. Ltd.
Shankrappa Hanamanthappa Didagur and others
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal
Remedy Sought
Insurance company sought to set aside the award of compensation
Filing Reason
Insurance company challenged the award on the ground that the accident did not arise out of the use of the tractor and trailer
Previous Decisions
Tribunal awarded compensation in MVC No.61/2011 on 07.03.2012
Issues
Whether the accident arose out of the use of the tractor and trailer?
Whether the insurance company is liable to pay compensation?
Submissions/Arguments
Appellant (Insurance Company) argued that the accident did not arise out of the use of the tractor and trailer.
Respondents (claimants) argued that the accident arose out of the use of the vehicle and the insurer is liable.
Ratio Decidendi
The accident arose out of the use of the tractor and trailer as the deceased was being transported as a laborer in the vehicle. The deceased was a third party, and the insurer is liable to pay compensation under the Motor Vehicles Act, 1988.
Judgment Excerpts
This appeal is filed by the Insurance Company challenging the judgment and award dated 07.03.2012 passed in MVC No.61/2011 on the file of Senior Civil Judge and Additional MACT, Haveri on the ground that the accident is arising out of use of tractor and trailer.
On 09.10.2010, the deceased was working as laborer in L and T Company as the said L and T Company had received contract work from MESCOM for fixing poles.
Procedural History
The claimants filed MVC No.61/2011 before the Senior Civil Judge and Additional MACT, Haveri, which awarded compensation on 07.03.2012. The Insurance Company appealed under Section 173(1) of the Motor Vehicles Act, 1988, before the High Court of Karnataka, Dharwad Bench, which dismissed the appeal on 18.07.2025.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173(1)
