UNITED INDIA INSURANCE CO. LTD. Vs. ANNAPOORNA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgment and award dated 31.03.2010, passed in M.V.C.No.118/2005, on the file of the Fast Track and Additional MACT-II, Bhadravathi ('the Tribunal' for short), questioning the liability.

(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 the claimants filed the claim petition contending that on 26/7/2005 Chandrappa and other labourers were proceeding in a tractor-trailer bearing registration No.KA-15-T-(2273)74 towards Shivamogga to bring the coconut seedlings from Hasoodi. Respondent No.2 drove the said vehicle in a rash and negligent manner. Due to the negligence on the part of the driver of the tractor-trailer, Chandrappa fell down from the trailer and the vehicle ran over his legs. Immediately he was shifted to Mc.Gann Hospital, Shivamogga, but he succumbed to the injuries. It is the case of the claimants that the deceased was an agriculturist and coolie and was earning Rs.6,000.00 per month and the claimants are his legal heirs.