NEW INDIA ASSURANCE CO. LTD. Vs. NAJEERSAB

JUDGEMENT

(1.) The Insurer being aggrieved by the judgment and award passed by the Addl. Senior Civil Judge and Addl. M.A.C.T., at Byadagi, in M.VC 459/2011 has filed this appeal challenging the finding regarding negligence as well as the quantum of compensation.

(2.) On 11/2/2011, a boy named Imran Khan, aged 18 years supposedly employed as a mason and a bar bending supervisor was traveling in an autotickshaw bearing registration No.KA-27/A-1770. At about, 8.30 p.m., a tractor-trailer bearing registration KA-25/T-7168 and 7169 which was driven from the opposite direction dashed against the autorickshaw. As a result, the said Imran Khan suffered serious injuries and died at the spot. The claimant being the father of the said Imran Khan filed a claim petition claiming compensation of Rs.19.00 lakhs.

(3.) The claim petition was opposed by the driver and the owner of the tractor-trailer as well as the Insurer of the autorickshaw. The Insurer contended that the driver of the autorickshaw was not negligent and had not contributed to the accident and therefore, was not liable to indemnify the owner. It is also contended that the charge-sheet was filed against the driver of the tractor-trailer. The claimant was examined as PW- 1 and a witness was examined as PW-2 and they got marked Ex.P.1 to Ex.P.9. The owner of the tractor-trailer was examined as RW-1 and an official of the Insurer was examined as RW-2 who marked EX.R.1 and Ex.R.2.