YASHODA AND ORS Vs. MAHABALA KULAL AND ORS

JUDGEMENT

(1.) These two appeals one by the claimant and the other by the insurer are against the order of the MACT, Kundapura in MVC 625/2009 on 9.3.2011.

(2.) Claimant Yashoda being the owner of goods was going along with the goods in a minidor Tempo bearing No.KA 20 A 4828 on 26.1.2009 from Hosur Village towards Brahamavar side in Udupi District. The driver suddenly applied brake and having lost control over the vehicle, the vehicle capsized and fell in the water canal due to which the claimant fell down and sustained injuries. She was treated at Mahesh Hospital, Brahmavar.

(3.) Alleging negligence, claim petition was filed. The Tribunal, after inquiry, having held that the accident was due to the negligence of the driver of the tempo bearing No.KA 20 A 4828, awarded compensation of Rs.99,000.00 with 6% interest on Rs.90,000.00 only. Not satisfied with the award, claimant is in appeal. So also the insurer, questioning the fastening of liability, is before this Court.