NATIONAL INSURANCE CO LTD Vs. K PUTTATHAYAMMA

JUDGEMENT

(1.) This appeal is by the Insurance Company challenging the award of the Tribunal fastening the liability on them and maintainability of the claim petition. For the sake of convenience the parties in this appeal would be referred to by their ranks as they are arrayed in the claim petition.

(2.) The claimants/petitioners are the wife, children and mother of the deceased-J. Mallegowda. According to them, the deceased was aged about 51 years, working as RFO and drawing salary of Rs. 8,757/- p.m. He was hale and healthy. He was also the owner of the car bearing Registration No. KA-09/N.3078.

(3.) On 27-3-2004, the deceased along with his friends had been to Hassan from Mysore in his car to attend to the marriage of the sister of one K. Suresh. After attending to the marriage, they had their dinner and left Hassan for Mysore in the car belonging to the deceased, driven by himself, via Holenarasipura. When the car driven by the deceased reached Holenarasipura on the intervening night of 27-3-2004 and 28-3-2004 at about 2.15 a.m. the deceased in order to avoid a stray animal which came on the road, swerved the vehicle to the left side, due to which, he lost control of the vehicle as a result, the vehicle turn-turtled and rolled down to a road side ditch resulting in the accident on account of which, the deceased sustained severe injuries and died at the spot. The other inmates also sustained injuries.