BRANCH MANAGER Vs. D. MALLAPPA

JUDGEMENT

(1.) These appeals are filed by the Insurance Company challenging the judgment and award dated 19.06.2008, passed in M.V.C.Nos.433/2006, 32/2006 and 33/2006 respectively, on the file of the Civil Judge (Sr.Dn.) and Member, Additional MACT, Hiriyur, ('the Tribunal' for short), questioning the liability and quantum of compensation.

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

(3.) The factual matrix of the case is that on 21.08.2004, the petitioners in M.V.C.Nos.33/2006 and 433/2006 were proceeding in an auto rickshaw bearing registration No.KA- 16/5008 from Pitialy-Nandihalli side towards Hiriyur Town. When the said auto rickshaw was proceeding at Adivala Village near Nandihally Cross, the driver of the auto rickshaw drove the same in a rash and negligent manner and dashed against another auto rickshaw bearing registration No.KA-16/5998, which was coming from the opposite direction. The petitioner in M.V.C.No.32/2006 was traveling in the auto rickshaw bearing registration No.KA- 16/5988. The occupants of both the auto rickshaws have claimed the compensation before the Tribunal contending that they have sustained grievous injuries.