VENKATAPPA, S/O. LATE DODDANACHAPPA Vs. UNITED INDIA INSURANCE COMPANY LIMITED, KOLAR BRANCH, KOLAR AND OTHERS

JUDGEMENT

(1.) THE parents and younger sister of deceased S.V. Ganesh @ Narayanaswamy have come up in this appeal challenging the Judgment and Award dated 22.02.2008 passed in MVC No. 1071/2002. The aforesaid appeal is filed seeking enhancement of compensation awarded to the claimants and also for modification of the said Judgment of the Tribunal, wherein the liability to pay the compensation is saddled only on the owners of the vehicles bearing Nos. KA -01/2056 and KA -07/2285 which are involved in the accident resulting in the death of S.V. Ganesh.

(2.) HEARD the counsel for appellants and respondent No. 1. Perused the judgment, impugned. On going through the said finding therein, it is seen that the accident has taken place between the aforesaid two vehicles, one of which, i.e., lorry bearing No. KA -01/2056, which was carrying tomato in which deceased was travelling. If is contended that the deceased was travelling in the said lorry along with the goods loaded into the said lorry and it is also contended that the said accident is due to rash and negligent driving of both the vehicles, i.e., lorry bearing No.KA -01/2056 and another lorry bearing KA -07/2285, which came from opposite direction and caused the accident.

(3.) THOUGH there are two lorries involved in the accident the lorry bearing No. KA 01/2056 is insured with 1st respondent. The said lorry is covered under act policy which cover the liability of one driver and one cleaner. So far as another lorry bearing No. KA -07/2285 also involved in the said accident and the same not having insurance coverage at the relevant time of the accident, the Tribunal has saddled the liability to pay compensation on the owners of both lorry in equal proportion, since the Tribunal has come to the conclusion that the drivers of both lorries are equally responsible for the said accident.