HANUMANTHARAYAPPA Vs. DODAPPAIAH

JUDGEMENT

(1.) Heard the learned counsel for the parties and the appeals are taken up for final disposal with the consent of the learned counsel for the parties, and perused the Judgment and Award dated 14.05.2014 in MVC No.1283/2006 on the file of the Fast Track & Additional MACT-V at Tumakuru (for short 'the Tribunal).

(2.) The claimant [the appellant in MFA NO. 3591/2015] has filed his claim petition in MVC No.1283/2006 asserting that on 21.03.2006 was engaged in employment with the owner of a Tractor-Trailer unit the appellant in MFA NO. No.6021/2014] for loading and unloading bricks, and he was injured in an accident because the driver of this Tractor-Trailer unit was rash and negligent. He was shifted to General Hospital, Koratagere and later to Government Hospital, Tumakuru and NIMHANS, Bengaluru. He was inpatient for a day or two in each of these Hospitals. He had to be hospitalized because he had suffered multiple abrasion and laceration injuries as well as fracture injuries. The insurer of the tractor- trailer unit arrayed as one of the respondents, inter alia, denied its liability to pay any compensation to the injured. The Tribunal, on appreciation of the evidence, awarded total sum of Rs.1,02,853/- along with interest at the rate of 6% per annum from the date of the petition till deposit; insofar as the liability of the insurer, the Tribunal absolved the insurer of its liability concluding that the owner of the tractor-trailer unit had availed himself a farmer package policy extended by the insurer to cover only third party liability specifically excluding any liability towards family members or employees of the owner-insured.

(3.) The owner of the tractor-trailer unit has preferred an appeal in MFA No.6021/2014 being aggrieved by the Tribunal absolving the insurer of its liability and the injured - claimant has filed his appeal in MFA No.3591/2015 seeking enhancement in the compensation awarded.