ORIENTAL INSURANCE CO. LTD., IIND FLOOR, 71, MOUNT ROAD, CRUINDY, CHENNAI - 600032 REP. BY ITS REGIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, MANGALA COMPLEX, IIND FLOOR, LAMINTON ROAD, HUBLI Vs. SMT. DYAMAVVA W/O YALGURDAPP

JUDGEMENT

(1.) This appeal is filed by the insurance company assailing the judgment and award passed in MVC No. 314/2003 dated 15.07.2008 by the Fast Track Court No. 2 & Motor Accidents Claims Tribunal No. IX, Bagalkot [for short 'the Tribunal']. Respondents 1 to 4 herein, who are the claimants, are the legal representatives of the deceased, Yalgurdappa Goudar. He was working as a Pump Operator in Mormugoa Port Trust, Mormugoa. His legal representatives filed a claim petition seeking compensation on account of his death in a road traffic accident that occurred on 19.04.2003 at about 8.15 p.m. when the deceased was proceeding as a pillion rider on the Scooty motor-cycle bearing registration No. GA-02/L-8479 driven by his friend near Gate No. 9 of MPT Port. When time a Tipper bearing registration No. TN-07/V-4548 came from opposite direction in a rash and negligent manner and dashed against Scooty on which the deceased was travelling as a pillion rider and caused grievous injuries. On account of the injuries, he succumbed to the same.

(2.) After service of notice from the Tribunal, the appellant herein appeared and filed the written statement and contested the matter. Respondent No. 5 was placed exparte.

(3.) On the basis of the rival pleadings, the Tribunal framed the following issues for its consideration:-