National Insurance Co. Ltd. v. Sri Vishwanatha
Case brief
What is this about?
MFA No. 2565 of 2016 (MV-I); NC: 2025:KHC:24734; High Court of Karnataka at Bengaluru; Justice Umesh M Adiga; decided 08.07.2025. National Insurance Co. Ltd. (Shivamogga) appeal under s.173(1) MV Act from MVC 291/2012, III Additional District Judge / MACT-III Shivamogga. Themes: tractor-trailer KA-14-TA-3497-98; accident of 29.12.2011 near Kumsi; pedestrian-knockdown version (claim petition, PW-1, charge sheet) versus passenger-fall version (Ex.P-6 wound certificate; PW-2 doctor — hospital admission at 2.30 p.m. after fall from the trailer of a tractor); charge-sheet manner of accident different from Ex.P-6 and PW-2; plea of guilt and payment of fine not conclusive of rash and negligent driving; carriage of passengers in a goods vehicle in agricultural land contrary to Motor Vehicles Act 1988; claimant's risk outside policy scope; exoneration of insurer; compensation liability shifted to owner (Smt. Yamuna Bai); deposit within six weeks; refund of insurer's deposits; minor claimant Vishwanatha represented by father Papanna; driver Maheshappa; quantum Rs.58,000/- on all heads with 6% p.a. interest (Rs.3,50,000/- claimed).