BALAKSRISHNA RAO Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The Miscellaneous First Appeal No.1510/2009 is filed by the insured/owner questioning the liability fastened on the owner and the Miscellaneous First Appeal No.11976/2007 is filed by the claimants challenging the quantum of compensation awarded in the judgment and award dated 23.02.2007 passed in M.V.C.No.1023/2002 on the file of Principal Civil Judge (Sr.Dn.) and Additional Motor Accident Claims Tribunal at Tumakuru ('the Tribunal' for short).

(2.) The parties are referred to as per their original rankings before the Tribunal in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 03.06.2002 at 6:40 a.m. Hanumanthu @ Hanumantharayappa was driving the matador bearing registration No.KA-05-7040 near Hawala of Turuvekere on Y.T.Road. An accident was taken place due to negligent driving of the bus bearing registration No.KA-17-A- 7574. Due to the said accident Hanumantharayappa sustained severe injuries and he was admitted to KIMS Hospital, Bengaluru. He succumbed to the injuries on 12.06.2002.