NATIONAL INSURANCE COMPANY LTD. Vs. NAGARAJ

JUDGEMENT

(1.) These appeals are filed by the insurer challenging the judgment and award dated 28.10.2017 passed by the Senior Civil Judge and Additional MACT, Shorapur in MVC Nos.107/2015, 108/2015 and 109/2015.

(2.) The record discloses that the claimant in MVC No.107/2015 is the mother of deceased Gopal while the claimants in MVC Nos.108/2015 and 109/2015 were the injured - victims of a road traffic accident that occurred on 03.02.2012 at 5.45 a.m. It is stated that the deceased and injured were travelling in an autorickshaw bearing registration No.KA-33/9014, which dashed against a lorry bearing registration No.GA-01/T-0779, which was parked in the middle of the road. The claimants therefore filed separate claim petitions under Section 166 of the Motor Vehicles Act (henceforth referred as M. V. Act ) claiming compensation.

(3.) The insurer contested the claim petition and generally denied the accident contending that the driver of autorickshaw did not possess a licence to drive the same. It also claimed that the driver of the lorry was negligent and therefore it was not liable to pay the compensation.