NATIONAL INSURANCE CO. LTD Vs. BASHEERAHAMED

JUDGEMENT

(1.) MFA No.103202/2016 and MFA No.100148/2017 are filed at the hands of the National Insurance Company, while MFA Cr. Ob. No. 100029/2017 filed in MFA No.100148/2017, and the MFA No.100290/2017 are filed by the claimants seeking enhancement of the compensation.

(2.) Since all these matters arise out of a common accident, the same are heard together and disposed off by this common judgment.

(3.) It was the case of the claimants that on 1/1/2015 a light motor vehicle Bolero bearing Reg.No.KA-25/P-6722 was being driven from Belagavi towards Bagalkot on the State Highway. The vehicle collided against a stationed lorry bearing Reg.No.KA-22/B-4249 and all the occupants of the Bolero vehicle were severely injured. Some of the occupants succumbed to the injuries and died. Insofar as the claim of the petitioners in MVC No.692/2015 and MFA Cr. Ob. No.100029/2017 is concerned, the contention is that the deceased Santosh Suresh Vannur was walking on the footpath and the Bolero vehicle came from behind, dashed against the deceased person throwing him of the ground and further the vehicle proceeded and dashed against the stationed lorry. Although it was contended on behalf of the appellant-Insurance Company that accident had occurred only due to the negligence of the lorry driver who had parked the vehicle on a State Highway without taking precautions, the said contention was negatived by the Tribunal and the Tribunal proceeded to award compensation to the claimants. However, since two appeals are filed at the hands of the Insurance Company, the contention of the Insurance Company shall be considered first.