NATIONAL INSURANCE CO LTD Vs. A H PRASANNA

JUDGEMENT

(1.) THESE two appeals by the insurer are directed against the common judgment and award dated 27.10.2007 passed by the Presiding Officer, Fast Track Court-III and MACT, Mysore in MVC.Nos.746/06 and 771/06.

(2.) THE first petitioner, A.H.Prasanna, in MVC.No.771/06 is the husband of deceased M.N.Shantamma while claimant Nos.2 and 3 in MVC.No.771/06 are their minor children. The claimants filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation in respect of the motor vehicle accident that occurred at about 8.30 p.m. on 18.7.2005 near Bandipalya village on Mysore- Nanjangud Road. MVC No.746/06 was filed seeking compensation for the personal injuries sustained by said Prasanna while MVC.No.771/06 came to be filed seeking compensation for the death of M.N.Shantamma in the said accident. Both the claim petitions were contested by the insurer of the offending vehicle while the owner of the offending vehicle remained absent and was placed exparte. After the parties led evidence, the Tribunal, on assessment of oral and documentary evidence, by the judgment under appeal, answered the issue regarding actionable negligence in the affirmative in favour of the claimants holding that the accident was due to the negligence of the driver of the lorry in question.

(3.) I have heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents. Perused the judgment under appeal.