SHRISHAIL Vs. KEERTHI

JUDGEMENT

(1.) These three appeals have been filed by the claimant, owner of the Car in which the claimant was travelling and insurer of a Lorry to which the Car dashed and rammed into. All appellants are aggrieved by the judgment and award dated 4.4.2014, in MVC No.2239/2011, on the file of the II Additional MACT, Belgavi.

(2.) Briefly stated the facts are, the claimant was travelling in a Toyato-Qualis Car bearing registration No.KA-22/M-8778 on 17.2.2011. The driver of the said car was driving it in a rash and negligent manner and rammed into a Stationary Lorry bearing registration No.MH-06/AQ-5954. Due to the impact, the claimant sustained grievous injuries. He filed the instant petition against the owner of the Car and its insurer as also the owner of the Lorry and its insurer.

(3.) The insurer of the Lorry also resisted the claim denying the petition averments and contended that the accident occurred due to the rash and negligent driving on the part of the driver of the Qualis Car. It was urged that the Lorry was parked on the shoulder of the road with proper indicators. Police have charge sheeted the driver of the Qualis Car which evidences that the negligence was solely on the part of the Car driver only.