NATIONAL INSURANCE CO. LTD., TUMKUR BRANCH THROUGH ITS REGIONAL OFFICE, REP. BY ITS ASST. ADMINISTRATIVE OFFICER SRI. T. MAHENDRAN Vs. SRI. EARESH @ VEERESH, S/O. DODDAIAH AND SRI. M.R. CHAYAPATHI, S/O. M. RANGAPPA, (OWNER OF TRACTOR-TRAILER)@RE

JUDGEMENT

(1.) THIS appeal is by the Insurer of offending vehicle challenging the award of the Tribunal on the ground of liability.

(2.) ALTHOUGH this matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is admitted and taken up for final disposal.

(3.) BRIEF facts of the case as pleaded in the claim petition are: That on 28.09.2005 when the claimant was proceeding in a tractor -trailer bearing registration No. KA -06/T -5210 -11 as coolie from Melekote village towards NH -4 in the lands of Horakerappa the driver moved the tractor in a rash and negligent manner and caused the accident as a result the claimant sustained injuries. Hence, he filed a claim petition before MACT, Sira seeking compensation of Rs. 3,50,000/ - and the Tribunal has awarded a compensation of Rs. 35,000/ - with interest at 6% p.a. and directed the insurer of the tractor -trailer to pay compensation to the claimant.