KIRANKUMAR Vs. K. KAVITA

JUDGEMENT

(1.) This appeal is at the instance of the owner of the offending Jeep bearing registration No.KA-37/P-5200 calling in question the correctness of the judgment and award dtd. 24/8/2010 in MVC No.107/2008 by the learned Senior Civil Judge and Member, MACT, Gangavathi (for short, 'Tribunal'), by which claim petition was allowed in part awarding a compensation of 4,73,000/- by fastening the liability to pay compensation on the appellant herein and the driver of the offending Jeep.

(2.) Brief facts insofar as the same are necessary for the purpose of adjudicating this appeal are that on 23/1/2008, while deceased Raghavendra was traveling in a Jeep bearing registration No.KA-37/P-5200, respondent No.1 being driver of the said Jeep was driving the same and on account of his rash and negligent driving, it capsized resulting in death of the deceased.

(3.) On the claim petition being filed, appellant and driver of the Jeep contested the proceedings and the appellant filed his detailed statement of objections, similarly, respondent-Insurance Company also filed its detailed statement of objections.