DIVISIONAL MANAGER,NATIONAL INSURANCE COMPANY LTD. Vs. FAKIRAPPA

JUDGEMENT

(1.) The insurer-respondent No.2 in M.V.C. No. 1068/2023 on the file of the learned Senior Civil Judge & AMACT, Bailhongal (hereinafter referred to as the Tribunal) is impugning the judgment and award dtd. 13/4/2015, allowing the claim petition and awarding compensation of Rs.4,93,600.00 with interest at 9% p.a. from the date of petition till realisation payable by both the respondent Nos.1 and 2 jointly and severally.

(2.) Brief facts of the case are that the claimant in M.V.C. No. 1068/2023 filed claim petition claiming compensation from the respondents contending that he was traveling on the motorcycle bearing reg. no. KA-24-L-9656 as a pillion rider. One Shivanandayya Hiremath was the rider of the motorcycle. When they reached near the scene of occurrence on Garag- Bailhongal road, the driver of the tractor bearing reg.no. KA- 25-T-8973 came from Tadkod and dashed against the motorcycle, as a result of which both the rider and the pillion rider sustained injuries. The rider of the motorcycle succumbed to the injuries. The claimant being the pillion rider sustained two fractures and had taken treatment for a prolonged period by incurring huge expenses. It is stated that respondent No.1 being the owner and respondent No.2 being the insurer of the tractor, are jointly and severally liable to pay compensation. Respondent No.1 appeared before the Tribunal contending that the offending tractor was sold in favour of respondent No.3 and therefore respondent No.3 is liable to pay compensation. Respondent No.3 filed objections denying the contention of the claimant and also contending that owner and the insurer of the motorcycle in question are not arrayed as parties. There is non joinder of necessary parties. The rider of the motorcycle has also contributed in causing the accident. therefore, the claim against respondent No.2 is liable to be dismissed.

(3.) On the basis of these pleadings, the Tribunal has framed the following issues: