ORIENTAL INSURANCE COMPANY Vs. PATHA NAYAKA

JUDGEMENT

(1.) These appeals are filed by the Insurance Company challenging the Judgments and Awards passed in MVC No.1268/2005 dated 11.09.2009 on the file of Presiding Officer, Fast Track Court-III, Tumkur, MVC Nos.530/2003, 531/2003, 529/2003, all dated 9.5.2008 and MVC No.1033/2002 dated 5.04.2008 on the file of Civil Judge (Sr. Dn.) and JMFC and Additional MACT, Madhugiri ('the Tribunal' for short), questioning the fastening of the liability on the Insurance Company.

(2.) Heard learned counsel for the appellant/ Insurance Company and the learned counsel for respondents/claimants.

(3.) The factual matrix of the cases is that on 26.09.2002, the claimants were traveling with sheep and goats in a tempo trax bearing registration No.KA- 16-A-3515. When the tempo trax reached near Kottagudda tank, on account of rash and negligent driving by the driver of the said vehicle, the tempo trax was capsized on the right side of the road, thereby accident took place. The claimants suffered injuries. Immediately, they were shifted to NIMHANS and they spent huge amount towards medical treatment. One of the persons, traveling in the said vehicle along with sheep, succumbed to injuries. Hence, the claimants filed claim petitions before the Tribunal.