ORIENTAL INSURANCE COMPANY LIMITED Vs. HANAMANTHAPPA ADIVAPPA SHAKAPUR

JUDGEMENT

(1.) THIS appeal under Section 173 (1) of the Motor Vehicles Act, 1988, (for short Act) is preferred by the Insurance Company, calling in question the judgment and award dated 18. 5. 2002 passed in MVC No. 678/2000 on the file of the Motor Accident Claims Tribunal No. VII, Bijapur, (for short MACT)

(2.) THE facts of the case in brief are as follows:-Respondents 1 to 5 herein are the dependants and legal heirs of the deceased Adiveppa @ Appasahab Shakapur who was working as a JCB Operator, and died in a motor vehicle accident which occurred on Nidagundhi Bijapur road near B. Bagewadi Cross at about 3. 30 a. m. on 27. 6. 2000. The deceased Adiveppa @ Appasaheb Shakapur was traveling in Mahindra jeep bearing certificate of registration No. KA-28/m-2202 owned by the 4th respondent and insured by the appellant herein. The truck bearing certificate of registration No. KA-30/2978 owned by the 6th respondent and insured by the 7th respondent herein was coming in the opposite direction. At B. Bagewadi Cross, the truck, it is alleged, came in a zigzig manner, as a result, both the vehicles i. e, the jeep and the truck collided head on and in the said accident, the deceased Adiveppa @ Appasaheb Shakapur traveling in the jeep died instantaneously. The claimants having instituted claim proceedings in MVC No. 678/2000 sought for compensation of Rs. 10,00,000/- with interest. The claimants claimed that they are the father, mother, widow and two minor children of the deceased Adiveppa @ Appasaheb Shakpur, totally dependant on the earnings of the deceased.

(3.) THE respondents, on notice, filed their written statement, denying all the material averments of the claim petition, but however admitted the accident. The insurers of both the motor vehicles had denied their liability while admitting having insured the motor vehicles. On the basis of the pleadings of the parties, the MACT, framed the following issues:-