NATIONAL INSURANCE CO. LTD., PUTTUR BRANCH, THROUGH ITS REGIONAL OFFICE, NO. 144, SUBHARAM COMPLEX. M.G. ROAD, BANGALORE - 560001 REP. BY ITS ASSISTANT ADMINISTRATIVE OFFICER, SMT. K.M. KUMUDA Vs. SRI. GIDDEGOWDA

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and award in MVC Nos.77, 78 and 79/1997 dated 20.4.2005 on the tile of the Motor Accident Claims Tribunal at Holenarasipura. Respondent No.2 in the aforesaid claim petitions is the appellant herein. For the sake of convenience, parties will be referred to by their respective ranking assigned to them by the Tribunal.

(2.) IT is the case of the claimants that on 11.9. 1996 at about 7.45 p.m., they were travelling in a lorry bearing No. KA -19/2568 belonging to respondent No.1 by obtaining the same on hire to transmit the potatoes from their native place to Bangalore. The driver of the lorry drove the same in a rash and negligent manner causing accident at about 7.45 p.m. on B.M.Road near Hosabelepalya Gate by hitting against the bridge. Due to the accident, they sustained heavy loss and extensive damage to the potatoes they were carrying in the vehicle. They have also sustained grievous injuries for which act., the rash and negligent act on behalf of the driver was the main reason. Therefore, they filed the aforesaid claim petitions seeking award of compensation in a sum of Rs. 2,00,000/ -, Rs. 2,50,000/ - and Rs. 3,00,000/ -respectively from the respondents.

(3.) ON the basis of the pleadings of the parties, the Tribunal has framed three issues. All the issues were taken up for consideration jointly. On behalf of the claimants, P.Ws.1 to 4 were examined and documents Ex. P1 to Ex. P17 were marked in their evidence. On behalf of the respondents, the representative of the Insurance company was examined as R.W1. The documents Ex. R1 to Ex. R4 were marked in his evidence. After considering the oral and documentary evidence produced by the parties, the Tribunal has rejected the contention of the Insurance Company that it was not liable to pay the compensation. All the claim petitions were allowed by awarding compensation in a sum of Rs. 55,000/ - in MVC No,77/1997, Rs. 1,34.000/ - in MVC No.78/1997 and Rs. 1,45,000/ - in MVC No.79/1997. The Tribunal has also awarded interest at 8% per annum from the date of the application till the date of deposit. The owner and insurer of the vehicle were made liable to pay the compensation jointly and severally.