NATIONAL INSURANCE CO LTD HAVERI THROUGH ITS REGIONAL OFFICE Vs. RUDREGOWDA

JUDGEMENT

(1.) These appeals are by the Insurer questioning the liability whereas the cross-objections are filed by the claimants seeking enhancement of compensation in respect of common judgment and award in MVC. Nos. 1002 to 1006/99 dated 17.2.2007 on the file of the MACT, Tumkur.

(2.) The Tribunal has awarded compensation of Rs. 50,800/-, Rs. 17,000/-, Rs. 47,000/-, Rs. 9,600/- and Rs. 16,000/- respectively with interest.

(3.) The case of the claimants was that on 12.10.1999 they had loaded 58 bags of onion in a lorry bearing No. KA 27-748 and along with the goods they were travelling in the same lorry to Bangalore. On its way to Bangalore, on account of rash and negligent driving by the driver of the said lorry, it turned turtle as a result of which the claimants sustained grievous injuries. The claim petition was contested by the insurer inter-alia denying the accident, injuries, income and also denied that the claimants were travelling along with the goods. The Tribunal on appreciation of the evidence on record held that the claimants were travelling along with the goods and held that the insurer is liable to indemnify the liability of the owner.