- 1 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102219 OF 2016 (MV-I) BETWEEN: SRI FAKKIRAPPA S/O. PARASAPPA KALLUKUTIGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: BARANGI, TQ: SOARABA, DIST: SHIVAMOGGA. …APPELLANT (BY SRI G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. RAMESH S/O. ERAPPA GAJERA, AGE: 30 YEARS, OCC: LABOUR, R/O: BARANGI HALI VASTI HADRIHALLI, TQ: HIREKERUR, DIST: HAVERI. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, S.S. COMPLEX, B.H. ROAD, SHIVAMOGGA. 3. SHRI NAGARAJAPPA S/O. FAKKIRAPPA KALLUKUTIGAR, AGE: MAJOR, OCC: DRIVER, R/O: BARANGI, TQ: SOARABA, DIST: SHIVAMOGGA. …RESPONDENTS (BY SRI RAJASHEKAR S.ARANI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 15.04.2016 PASSED IN MVC NO.41/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR, EXAMINE THE SAME AND AS AGAINST THE APPELLANT AND FASTENING THE LIABILITY ON RESPONDENT NO.2 AND ALLOW THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/owner of Tractor and Trailer challenging the judgment and award dated 15.04.2016, passed by the Senior Civil Judge and Addl. MACT, Hirekerur, in MVC No.41/2012, questioning the liability fastened on the appellant/ owner of Tractor and Trailer. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. The owner of the Tractor and Trailer has preferred this appeal. The necessary facts in the case are that on 15.04.2012, the claimant along with his fertilizer - 3 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 bags was returning to his village in a Tractor Trailer bearing Reg.No.KA.15/T-4261-4262 at about 6.45 p.m. The driver of the said Tractor and Trailer drove the same with a high speed and in a rash and negligent manner and caused the accident, due to which, the claimant has sustained injuries. 5. The Tribunal while awarding compensation has fastened liability on the owner of Tractor and Trailer, on the reason that, there is no proof that the claimant has travelled along with the fertilizer bags being Hamal under the employment of the owner of Tractor and Trailer. Therefore, on this reason had saddled burden on the owner of Tractor and Trailer. 6. Learned counsel for the appellant/owner submitted that the claimant after loading fertilizer bags in Tractor and Trailer, was travelling by sitting on the goods along with other workmen being authorized representative of the fertilizer bags and the accident is caused. Therefore, the risk is covered under Section 147 of the Motor Vehicles - 4 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 Act, 1988. Therefore, prays for modification of liability fastened on the appellant/owner. 7. On the other hand, the learned counsel for the respondent No.2/insurance company submitted that in the cross-examination, there is no evidence that the claimant has travelled along with the fertilizer bags. 8. It is further submitted that the claimant went to Hadrihalli village and while he was returning to his village, he has travelled in the said Tractor and Trailer but not as a representative of the goods of fertilizer bags. Therefore, the Tribunal has correctly evaluated the evidence on record and came to conclusion that the claimant was unauthorized passenger. Therefore, justified the liability fastened on the owner of Tractor and Trailer. 9. In the present case, Ex.P-1 is FIR and complaint lodged by his father. It is stated in the complaint that his son-the claimant went to Hadrihalli village and while returning to his village, has loaded fertilizer bags on the - 5 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 Tractor and Trailer till evening and thereafter, had travelled by sitting on the goods along with the workmen and thereafter, the accident was caused. Soon after the accident, the claimant was admitted to Hospital. This is the gist of the complaint. 10. Therefore, when considering these facts and circumstances, the claimant need not be under employment of the appellant. What is the criteria to be considered that whether the claimant has travelled along with the fertilizer bags or not, to say that the claimant being representative of the goods has travelled. In the claim petition, as well as in the cross-examination, the claimant has reiterated the averments made in the complaint that after loading fertilizer bags on the Tractor and Trailer till evening and thereafter, by sitting on the load of the Tractor, while returning to his village, the accident was caused. This is the complaint and evidence given by the father of the claimant. Therefore, just because, in the charge sheet, if it is not mentioned that - 6 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 the claimant has travelled along with the goods, is not a ground to say that the claimant has not travelled along with the goods. 11. In the charge sheet, what the investigation officer has to mention is regarding the offence occurred as to whether the driver has committed offence or not. Therefore, quite naturally, in the charge sheet, it could not be found that there were fertilizer bags on the Tractor and claimant was sitting on the loaded goods while travelling. It is immaterial for the investigation officer. What the investigation officer said in column No.17 in the charge sheet is that while the claimant was travelling by sitting on the Tractor, due to rash and negligent driving of the Tractor, the claimant has sustained injuries. Quite naturally this is found in the charge sheet. 12. But, from other evidence, particularly in the complaint, it is stated that the claimant after loading fertilizer bags in the Tractor was returning along with the goods in the Tractor and met with an accident. There need - 7 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 not be the claimant being under the employment of the appellant/ owner of Tractor and Trailer. What Section 147 of the MV Act says if any person being authorized representative of the goods or the owner of the goods travelling on the vehicle met with an accident, then the risk is covered compulsorily. 13. Therefore, in the present case, it is proved that the claimant after loading fertilizer bags on the Trailer of the Tractor and after loading till evening and sat on the loaded goods and while returning to his village, the accident was occurred. Therefore, this clearly covers the risk under Section 147 of the MV Act. In this regard, Tribunal has not appreciated evidence correctly whether, the claimant being working as Hamal or not is not a criteria. But what the claimant has stated that after loading fertilizer bags on the Tractor and he has travelled along with the goods is a criteria to attract Section 147 of the Motor Vehicles Act and that it what proved in the present case. Therefore, the judgment and award passed - 8 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 by the Tribunal requires to be modified. Therefore, the insurance company shall indemnify the owner of the Tractor and Trailer and pay compensation as awarded by the Tribunal. 14. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 15.04.2016, passed by the Senior Civil Judge and Addl. MACT, Hirekerur, in MVC No.41/2012, is modified to the extent that the respondent No.2/insurance company shall indemnify appellant/owner of Tractor and Trailer and pay compensation to the claimant. iii. The amount in deposit made by the owner shall be refunded to him. - 9 - NC: 2025:KHC-D:3972 MFA No. 102219 of 2016 iv. No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 49