IFFCO TOKIO GIC. LTD. Vs. H. M. JAYARAMA

JUDGEMENT

(1.) This appeal is filed by the appellant/Insurance Company challenging the Judgment and Award dated 23.04.2011 passed in M.V.C.No.2496/2010 on the file of Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-14) ( the Tribunal for short), questioning the liability fastened on the Insurance Company.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claimants are the parents of the deceased Sunil Kumar, who was aged about 22 years and he was an agricultural coolie and filed the claim petition under Section 163-A of the Motor Vehicles Act, 1988 ( MV Act for short). While claiming the compensation, it is contended that he was an agricultural coolie and earning Rs.40,000/- per annum. He was working as a Coolie in a Tractor-Trailer bearing registration No.KA 08-T-3881 & 3882 and after loading the mud into the tractor-trailer at Hungenahalli village, the driver of the said tractor and trailer without noticing the deceased who was standing behind the tractor and trailer, drove the same in the reverse direction with high speed in a rash and negligent manner, without giving any signal or blowing horn dashed against the deceased. As a result, he sustained grievous injuries and succumbed to the same on the spot.