NATIONAL INSURANCE CO LTD Vs. NEELAVVA

JUDGEMENT

(1.) Challenging the common judgments and awards passed by Presiding Officer, Fast Track Court & AMACT , Haveri (for short, 'the Tribunal') in MVC No .360 to 368/2012 dated 06.09.2012, M.V.C. Nos.194 to 200/2011 and 7 to 9/2012 dated 30 .07.2012, these appeals are filed under Sec. 173 of the M.V. Act by the Insurance Company.

(2.) Brief facts as stated are that, on 11.03 .2011, claimants were traveling in a maxi cab tempo bearing reg. no. KA27/2848 to go to Haveri. At about 4 .30 a.m., when the maxi cab was on Hangal-Haveri road at Gourapur village , the driver drove it in rash and negligent manner lost control and the vehicle dashed against a road side house. Due to the said accident, few inmates sustained fatal in juries while others suf fered grievous in juries. They were admitted to Government Hospital, Haveri.

(3.) While the in jured claimants filed claim petitions for loss o f earning capacity sustained due to the accidental in juries, the dependents of the deceased inmates o f the maxi cab filed claim petitions towards loss of dependency, against the owner and insurer of the maxi cab, under Sec. 166 of the M.V. Act.