SURESH S/O SHIVAPPA MANKANI Vs. SABANNA S/O YAMANAPPA MASIBINAL

JUDGEMENT

(1.) ALL these appeals have arisen out of the same judgment and award passed by learned Presiding Officer of MACT and FTC -I/II at Bijapur, in MVC Nos.1615/2011, 1616/2011 and 1617/2011, dated 17.10.2012, filed under Sections 166 of the MV Act.

(2.) RESPONDENT No.1 is the owner of the alleged offending tractor and respondent No.2 is the insurer of the said tractor. According to the appellants/claimants the accident has took place on 12.08.2011 at about 7.30 a.m. in the vicinity of Vandal railway station, Bijapur district. According to the appellant Suresh, he was standing near the place of occurrence by the side of the road and other appellants were travelling in a motorcycle. According to them, the tractor bearing No.KA -28/TA -9314, belonging to the 1st respondent, voluntarily insured by 2nd respondent being driven rashly and negligently dashed against them, caused severe injuries and had to be shifted to the Primary Health Center at Nidagundi and thereafter, they were shifted to Dhanus hospital at Bagalkot. According to them, the accident took place solely due the negligence of the driver of the tractor belonging to 1st respondent and voluntarily insured by 2nd respondent.

(3.) THE 1st respondent owner is none other than the father of PW.2 Siddappa, the petitioner in MVC No.1616/2011, who did not seriously contest the matter, except stating that the vehicle in question involved in the accident and it had been insured on the relevant point of time.