ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. K.N. MAHADEVI

JUDGEMENT

(1.) THESE 16 appeals arise out of the judgment and award passed by the MACT, Bangalore, dated 25.2.2010 in MVC No. 7456 to MVC No. 7463/2008.

(2.) EIGHT appeals are filed by the claimants being not satisfied with the compensation awarded to them the remaining eight appeals are filed by the ICICI Lombard General Insurance Company Ltd. challenging the quantum of compensation and also the findings of the tribunal on the question of negligence in holding that accident occurred due to contributory negligence of the lorry and saddled the liability to an extent of 50%. Therefore, these appeals are heard together.

(3.) IT was contended by the Insurance company of the lorry that accident did not occur due to rash and negligent driving of the driver of the lorry. According to the insurance company, lorry driver had parked his lorry on the extreme left side of the road and left side tyres of the lorry were on the mud portion of the high way and the right side tyres were on the asphalted portion and that there is no negligence of the driver of the lorry in parking. On the contrary, it is the driver of the car without observing parked lorry dashed against the lorry and as a result of which accident occurred. Therefore, he contended that claim petitions filed against the owner and the insurance company of the lorry were not maintainable.