ORIENTAL INSURANCE COMPANY LTD Vs. BASALINGAMMA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company/Respondent No.2 in the claim petition challenging the judgment and award dtd. 27/6/2018 passed by the Senior Civil Judge and Additional Motor Vehicle Claims Tribunal, Shahapura, in MVC No.229/2014.

(2.) For the sake of convenience, the parties herein are referred as per the ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, 2/1/2014 at about 5.45 a.m., the deceased Mallappa @ Mallaiah, the husband of claimant No.1 and father of claimants No. 2 and 3 was proceeding in Tum-Tum Atuo bearing Registration No.KA.33/9201 from Abbe-Tumakuru towards Yadgiri. When the said auto reached to Cittapura- Yadgiri main road near Don Basco School, the driver of the tractor-trailer bearing Registration No. KA.33/T.4039 and KA.33/T.4040 drove it in rash and negligent manner and dashed to the Tum-Tum Auto resulting in deceased Mallappa sustaining grievous injuries and later on 11/1/2014, he succumbed because of injuries, in RIMS Hospital at Raichur. Hence, the claimants have filed this claim petition.