IFFCO-TOKIO GENERAL INSURANCE CO. LTD. Vs. VASANTHA

JUDGEMENT

(1.) The appellant-Insurance Company is before this court seeking for setting aside the Judgment of the Senior Civil Judge and MACT, Channarayapatna passed in MVC No. 7/2011 dated 10.04.2013.

(2.) The claim petition had been filed stating that on 28.12.2009 at about 10.30 p.m. the son of claimants was travelling in a Tractor bearing No. KA-14-T-9966 from Hosudi kere to Hosudi village, when the Tractor came near the house of Suresh Bhatt on account of the driver of the Tractor driving in a rash and negligent manner, the Tractor turned turtle, the son of the claimants and two others were caught between the earth and the Tractor, on account of which the son of the claimant and another person expired and others sustained grievous injuries. FIR came to be registered on the same date alleging that the deceased was travelling on the engine of the Tractor and that around 10.30 p.m. when the Tractor turned turtle, the son of the claimants had expired. The said FIR was lodged by one Dinakaran as per Ex. P2, spot panchanama was also conducted as per Ex. P4 on 29.12.2009 wherein it is recorded that the Tractor bearing No. KA-14-T-9966 along with its Trailer was found on the spot. On the basis of the above, the claim petition was filed before the MACT.

(3.) The claim petition was opposed by the Insurance Company on the ground that: