NATIONAL INSURANCE CO LTD Vs. LAXMI

JUDGEMENT

(1.) The appellant-Insurance Company is before this Court in this appeal challenging the saddling of 50% of composite negligence under judgment and award dated 18.08.2011 in MVC No.1323/2010 on the file of the Member, MACT-XII, Bellary, praying for absolving it from liability.

(2.) The appellant was respondent No.6 before the Tribunal and insurer of the car bearing registration No.KA-34/M-7947; respondent No.1 herein was claimant who was traveling in the said car, respondent No.3 herein was owner of the tractor and trailer bearing registration No.KA-16/TA-451 and respondent No.4 herein was insurer of the tractor and trailer.

(3.) The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.25 lakhs for the injuries sustained by the claimant in a road traffic accident. It is stated that on 18.12.2009, the claimant along with her brother was proceeding in a car bearing registration No.KA- 34/M-7947 and when they reached near Giriyamanahalli gate, tractor and trailer bearing registration No.KA-16/TA-451 driven by respondent No.2 herein in a rash and negligent manner without there being any indicator suddenly turned the tractor to right side and dashed to the car in question. Due to which, car was totally damaged and the claimant who was inmate of the car sustained multiple comminuted fracture to her left hand, nose and other parts of the body. It is stated that she was aged 32 years and earning a sum of Rs.18,000/- per month.