NATIONAL INSURANCE CO. LTD. Vs. IMRAN KHAN

JUDGEMENT

(1.) These two appeals are filed by the Insurance Company challenging the judgment and award dated 16.11.2009, passed in M.V.C.Nos.290/2004 and 291/2004, on the file of the Fast Track and MACT at Kundapara ('the Tribunal' for short) fastening the liability on the Insurance Company.

(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 in both the claim petitions have stated that on 03.01.2004 at about 3.00 a.m., the claimant in M.V.C.No.290/2004 Imran Khan and one Vasudeva Veluskar, son of petitioner No.1 and sister of petitioner No.2 in M.V.C.No.291/2004, were traveling in Maruthi car bearing registration No.GA-01/S-2677 from Goa towards Dharmasthala. At that time, near Babu Bhandary's house near Maravanthe Village, Kundapura Taluk, the driver of the said vehicle drove the same in a rash and negligent manner and suddenly applied the break. As a result, the car was capsized. On account of the same, they sustained grievous injuries. Immediately they were shifted to Adarsha Hospital, Kundapura and after taking the first aid treatment therein they were shifted to KMC Hospital, Manipal. Vasudeva Veluskar died on 05.01.2004 in the said hospital. The other occupant Imran Khan took the treatment and spent money. Hence, the legal heirs of Vasudeva Veluskar and injured Imran Khan have filed the claim petitions seeking compensation.