TATA AIG GENERAL INSURANCE COMPANY LIMITED Vs. LAKSHMAMMA

JUDGEMENT

(1.) These two appeals are filed by the Insurance Company challenging the judgment and award dtd. 27/10/2012, passed in M.V.C.No.9152/2010 and M.V.C.No.9153/2010, respectively, on the file of the Motor Accident Claims Tribunal, Bengaluru (SCCH-9) ('the Tribunal' for short), questioning the liability.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the claimants before the Tribunal is that the claimant-injured Smt.Lakshmamma in M.V.C.No.9152/2010 and the deceased Smt.Rathnamma @ Munirathnamma in M.V.C.No.9153/2010, were traveling in a goods tempo bearing registration No.AP 09 X 7751 as coolies with the second respondent after loading Radish bags at about 2:00 p.m, on 14/11/2010, the driver of the said Tempo drove the same in a rash and negligent manner and all of a sudden he applied brake and lost control over the said vehicle, as a result, the tempo turtled resulting in injuries to Smt.Lakshmamma and the deceased Smt. Rathnamma died at the spot. Hence, in both the claim petitions claimed the compensation for the injuries sustained by Smt.Lakshmamma in M.V.C.No.9152/2010 and other claimants, who are the dependants of the deceased Smt.Rathnamma @ Munirathnamma in M.V.C.No.9153/2010.