ORIENTAL INSURANCE COMPANY LTD Vs. HANUMANTHAPPA

JUDGEMENT

(1.) In these three appeals presented under Section 110-D of the Motor Vehicles Act, 1939, the following two questions of law arises for consideration:

(2.) Briefly stated, the facts of the case are these: On 5-3-1985 the Tractor-Trailer bearing Registration Nos. MEU 9801 and 9802 respectively were being used for the purpose of transporting Country manure from Hottiganahally village to the land of respondent-1. After unloading the manure, when the tractor was on its way back to Hittiganahally there was an accident. As a result, three employees, who were engaged as labourers for loading and unloading manure, and who were travelling in the trailer sustained severe injuries and died as a result of the injuries so sustained. Three claim petitions were presented. They are:

(3.) The first issue for consideration by the Tribunal was, as to whether the accident occurred on account of the rash and negligent driving of the tractor-trailer by its driver. The issue was answered in the affirmative. As regards the quantum of compensation, the Tribunal awarded a compensation of Rs. 21, 400/- in M.V.C. No. 469/1985; Rs. 29,000/- in M.V.C. No. 437/1985 and Rs. 23, 800/- in M.V.C. No. 435/1985. The Tribunal fixed the liability both on the owner of the vehicle-lst respondent and also the insurer of the tractor-trailer MEU 9801-9802, namely, the Oriental Fire and General Insurance Company. Aggrieved by the said order, the appellant-Insurance Company has presented these appeals.