ORIENTAL INSURANCE CO LTD Vs. BANNEMMA

JUDGEMENT

(1.) Insurer's appeal against the judgment questioning the direction of the Tribunal to indemnify the insured to pay compensation to the claimants. Appeal and cross-objection are admitted and taken up for final disposal by consent.

(2.) From what learned counsel of both sides have adverted, the genesis of appeals is a motor vehicle accident on 26.06.2007 involving a motor cycle bearing No. KA 37/L1346 and a stationery lorry bearing No. KA 25/8235 in which the rider of the motor cycle Basanna suffered injuries and died. The pillion rider also died in the said accident. The legal heirs of victims lodged claim seeking compensation.

(3.) The insured owner of the vehicle did not dispute claim averments regarding act of negligence attributed to the driver of the lorry in question. The insurer of the vehicle, who is appellant herein, seriously opposed the claim firstly on the ground that accident has not occurred in the manner averred in the petition and secondly, even if it has occurred involving the lorry in question, it was totally due to act of negligence of the motor cycle rider. In this regard, they referred to the fact situation which reveal the lorry was parked on the road when the riders proceeding in the same direction ignored the vehicle. It is alleged the rider of the motor cycle by negligence did not took care to avoid the vehicle, consequent to which, the motor cycle collided with the stationery lorry at the rear portion generating severe impact injuring the riders. Both succumbed to the injuries. Thus, the contention is that accident was as a result of culpable negligence of the motor cycle rider in which no act of even actionable negligence could be attributed to the lorry driver.