DIVISIONAL MANAGER Vs. DEVAPPA

JUDGEMENT

(1.) Though these appeals are listed for admission today, with the consent of both the parties, they are taken up for final disposal.

(2.) Heard counsel for the appellant-insurance company and learned counsel for respondent No.3 in both the appeals.

(3.) Factual matrix of the case of the claimants before the Tribunal is that on 19/9/2007 the claimants and others were traveling in a trax toofan bearing No.KA- 26/4722 from Koppal to Gangavathi and when the vehicle reached near Lingadahalli village, respondent No.1 being the driver of the said vehicle driven the same in heavy speed and in a rash and negligent manner and suddenly applied the break. As a result the vehicle turtled on the road, on account of which the claimants who are the inmates of the said vehicle sustained grievous injuries. They were shifted to hospital and took treatment and suffered loss of income and permanent disability and hence, claimed compensation by filing claim petitions before the Tribunal.