AIR 2009 (NOC) 17 (KAR.) = 2008 (6) AIR KAR R 284 ::2008 (6) AIR Kant HCR 284 ::2009 A I H C 200 ::(2009) 2 ACC 679 ::(2009) 4 ACC 142 ::(2009) 3 CivLJ 267 ::(2009) 1 Kant LJ 525 ::(2009) 3 ACJ 1778

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Motor Vehicles Act (59 of 1988) S. 147 — Karnataka Motor Vehicles Rules (1989), R 100 — Liability of insurer — Accident involving auto-rickshaw — It was goods vehicle having laden weight of less than 990 kgs — In terms of R 100 of Rules even if laden weight of vehicle was less than 990 kgs, it was permissible to carry one person — Since claimant was accompanying vehicle as hirer, there was no infirmity in claim having been allowed — Plea that vehicle could carry only the driver and not others — Is not tenable (Para 6)