2012 (1) AIR Kar R 282 ::(2013) 1 ACC 773 ::(2013) 1 ACJ 83 ::(2013) 2 TAC 705

Karnataka High Court

Hon'ble Judge(s): K. L. Manjunath, H. S. Kempanna , JJ

( A ) Motor Vehicles Act (59 of 1988) S. 147 (2)(a), 145(g) — Karnataka Motor Vehicles Rules (1989), R. 100 — Liability of insurer — Act policy — Claimant a police constable in discharge of his duties was travelling in goods vehicles involved in accident — Police officer on duty authorized to travel in goods vehicle by virtue of R. 100 of Rules 1989 — He cannot be construed as gratuitous passenger but an authorized person — Insurer liable to pay compensation.Rule 100 of Karnataka Motor Vehicles Rules, 1989 authorises a police officer on duty in uniform to travel in a goods vehicle. (Paras12)These rules have been framed by State of Karnataka in exercise of powers conferred u/S. 96(xxxi) of Motor Vehicles Act, 1988. Rule 100 of M.V. Rules, 1989 corresponds to Rule 163 of Karnataka Motor Vehicle Rules, 1963, validity of Rule 100 of Motor Vehicles Rules 1963 has not been challenged by any one so far. Therefore, is binding on insurer. (Paras1314)Thus, in instant case as claimant a police constable travelling in vehicle involved in accident as an authorized person as insured is made liable by virtue of what is contemplated u/S. 147(2)(a) of the Act, liability of insured will have to be undertaken by insurer. (Paras19)Rule 100 of M.V. Rules, 1989, permits a police officer on duty in uniform to travel in a goods vehicle. The owner or his agent cannot deny a police officer in uniform on duty to travel in his vehicle i.e. goods vehicle.....