SHANTAPPA GOWDA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is by the dissatisfied claimants against the judgment and award dated 26.5.2007 in MVC No. 4283/2006 on the file of the MACT, Court of Small Causes, Bangalore, SCC -4.

(2.) Appeal is posted for admission after notice to the Respondents and learned Counsel for the Respondent - Insurance Co. has entered appearance.

(3.) One Raju alias Rajesh Gowda, working as a Cleaner in a lorry bearing Regn. No KA 19A 3658 was travelling in the vehicle on 21.2.2006. When the vehicle was moving on NH4, Bangalore - Pune Highway towards Bangalore, there was puncture in the tyre, consequent to which the driver lost the control and the vehicle collided with another parked lorry. Consequent to such impact, the occupants in the lorry including Raju alias Rajesh Gowda suffered injury and he succumbed to the same. The parents, sister and brother lodged the claim under Section 163A of the Motor Vehicles Act for compensation. The Respondents resisted the claim.