Karnataka HC Directs Insurer To Compensate Villagers Carrying Pet Animals When Travelling For Outstation Work, Despite MV Rules Violation
The Karnataka High Court has upheld an order passed by the Motor Accidents Claim Tribunal which granted compensation to villagers who met with an accident and suffered injuries while travelling in tractor-Trailers along with their pet goats.A single judge bench of Justice V Srishananda though agreed with the contention of the insurance company that there is a violation of Rule 74 of the...
The Karnataka High Court has upheld an order passed by the Motor Accidents Claim Tribunal which granted compensation to villagers who met with an accident and suffered injuries while travelling in tractor-Trailers along with their pet goats.
A single judge bench of Justice V Srishananda though agreed with the contention of the insurance company that there is a violation of Rule 74 of the Karnataka Motor Vehicles Rules, 1989 in prohibiting the transportation of the animals in the TT Unit, it said, “This Court cannot lose sight of the fact that two goats died and two persons were injured who are the inmates of T.T. Unit and they are the claimants.”
Further it observed,
“They (claimants) are the rustic villagers and when they move in groups for harvesting the sugarcane crop, entire family members will be moving to the sugarcane land along with their pet animals, as nobody would be available in the home-front to look after them. As such they are to be carried along with the family members.”
Therefore, Court said insurer's arguments for avoiding the liability cannot be countenanced.
It added, “Ends of justice would be met by directing the Insurance Company to pay the adjudged compensation at the first instance and permit the Insurance Company to recover the same from the owner of the T.T. Unit in the same proceedings.”
Accordingly it allowed the appeal in part.
Appearance: Advocate G. N. Raichur, for Appellant.
Advocate Harish S. Maigur, for R1.
Citation No: 2024 LiveLaw (Kar) 66
Case Title: The Divisional Manager, The New India Assurance Company Limited AND Sidram Vithoba Maragali
Case No: MISCELLANEOUS FIRST APPEAL NO. 23428 OF 2011 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 23430 OF 2011.