NOOR BAIG Vs. SYED ANWER ALIAS ANWER SAB

JUDGEMENT

(1.) THIS appeal is by the insurer-cum-owner of the tractor bearing no. KA-14/m-1579/1552 R-1 and 2 are the legal heirs of one K. Hanief who died in a road traffic accident on 19. 10. 1996 at about 8-30 p. m. near Seegebagi Cross, Badravathi. On account of death of K. Hanief, r-1 and R-2 presented claim petition claiming compensation from the appellant and R-3 and 4 in this appeal. Accordance to the claimants, deceased was proceeding on his Luna bearing No. KA-14/e-1763 from Bhadravathi to Seegebagi. He was proceeding by onserving traffic rules keeping his vehicle on the left side of the road when he reached Janatha Rice Mill and Halappa Saw Mill, a tractor bearing no KA-14/m-1579/1552 and trailor bearing No KA-14/m-1552 was also proceeding in the same direction behind Luna, due to rash and negligent driving of the driver of the tractor and trailor, tractor dashed against Luna which was proceeding in its front and Hanief died on the spot.

(2.) ACCORDING to the claimants, deceased was running a garage and was earning a sum of Rs. 3000/- per month. Appellant as well as the insurance company contended that the accident was not caused due to the rash and negligent driving of the driver of the tractor. In addition to the above defence, insurance company also contended that the owner of the tractor has committed breach of the terms of the policy. According to the company, appellant herein had permitted his driver to drive the tractor attaching trailor and that the trailor was not insured. Therefore, liability was denied by the insurance company.

(3.) BEFORE the tribunal two witnesses were examined on behalf of the claimants and on behalf of the respondents three witnesses were examined. Tribunal, after appreciating the evidence adduced by the claimants, held that the claimants are entitled for compensation of rs 1,41,000/- with interest. However, liability has been fixed on the appellant herein thereby exonerating the insurance company on the * M. F. A. No. 6343/2002 (MV) dated 3rd July 2003 ground that the trailor attached to the tractor was not insured therefore, present appeal is filed challenging the findings of the tribunal in fixing the liability on the appellant and exonerating the insurance company from making payment.