DIVISIONAL MANAGER Vs. SHARDA

JUDGEMENT

(1.) This is an insurer's appeal being aggrieved by the fastening of liability to pay compensation on it by the learned Senior Civil Judge & MACT at Jewargi in MVC No.312/2007 by the judgment and award dated 22.07.2011.

(2.) The brief facts insofar as they are necessary for the disposal of the present appeal are that on 20.08.2006 at about 10.30 p.m. when the deceased was proceeding on a scooter bearing registration No.KA-32- E-8979 as the rider, the offending truck bearing registration No.MWU-3459 which was carrying logs of wood extending beyond the lorry chassis, was proceeding ahead without displaying indicators and it suddenly applied brake, on account of which the deceased crashed on to the truck resulting in his death. The learned Tribunal after examining the wife of the deceased as PW.1 and marking Ex.P.1 to P.8 among which Ex.P.3 was the charge sheet, allowed the claim petition in part awarding a compensation of Rs.4,09,600/- with interest at 6% p.a. fixing the liability to pay the same on the appellant insurance company.

(3.) it is urged on behalf of the appellant- insurance company in this appeal that even though charge sheet is filed against the driver of the offending truck bearing registration No.MWU -3459, the complaint at Ex.P.2, the FIR at Ex.P.1 and spot panchanama at Ex.P.4 show that the lorry was parked on the left side of the road and deceased came on a two wheeler with two pillion riders and due to his own rash and negligent act crashed on to the truck resulting in his death. He placed reliance on decisions reported in (2009) 1 Karnataka Accident Claims Journal 251 (Kar) (The Oriental Insurance Company Ltd.,Bangalore Vs. Chennappa Shettigar and Others), 2009 ACJ 925 (National Insurance Company Ltd. Vs. Rattani and Others), 2009 (4) T.A.C. 385 (S.C.) (Raj Rani and Others Vs. Oriental Insurance Co. Ltd. and Others) in support of his contention.