NAGAWWA Vs. BABANNA

JUDGEMENT

(1.) The claimant is before this Court impugning the judgment and award dtd. 15/10/2010 passed in MVC.No.1047/2007 on the file of the learned Senior Civil Judge and Additional MACT, Bailhongal (hereinafter referred to as the 'Tribunal'), allowing the claim of the claimants awarding compensation of Rs.3,72,000.00 with interest at 6% per annum and directing respondent No.1 to pay the same, while dismissing the claim against respondent No.2-insurer.

(2.) The parties are referred to as per their ranks before the Tribunal for the sake of inconvenience.

(3.) Brief facts of the case are that the claimant Nos.1 and 2 have filed the claim petition in MVC.No.1047/2007 against respondent No.1 being in the owner and respondent No.2 being the insurer of the tractor-trailer bearing Reg.No.KA- 24/T-5651 and 5652, contending that Bhimappa the husband of claimant No.1 and father of claimant No.2 was working as a coolie under respondent No.1. On 4/9/2006, the deceased was traveling in the tractor-trailer while, returning from his agriculture work, due to rash and negligent driving of the tractor-trailer, the same was turtled. As a result of which, he sustained fatal injuries and died at the spot.