DIVISIONAL MANAGER, NATIONAL INSURANCE CO., LTD. Vs. ASHOK

JUDGEMENT

(1.) The insurer of the Tractor-Trailer bearing Reg. No. KA- 27/T-2672-73 is impugning the judgment and award dtd. 14/3/2012 passed in M.V.C. No. 76/2011 and M.V.C. No. 77/2011 on the file of the learned Sr. Civil Judge and AMACT, Hirekerur, (hereinafter referred to as the Tribunal) apportioning the liability and directing respondents No.2 and 4 to deposit 50% of the compensation amount each. The parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case are that the injured in the road traffic accident that had occurred on 7/5/2007 at 5.00 p.m. filed claim petitions before the Tribunal, seeking compensation for the injuries suffered by them. It is their contention that when they were working as Coolies and traveling in the tractor- trailer bearing No. KA-27/633/2005-06 and trailor No. KA- 27/757/2005-06, the tractor-trailer bearing No. KA-26/T-4672- 73 which was driven by its driver in a rash and negligent manner, dashed to the tractor-trailer in which they were traveling, as a result, both have suffered injuries and claimed compensation from the insured and the insurer of both the tractors-trailers.

(3.) Claim of the claimants was resisted by the insurers by filing their objections. The claimants examined PWs1 to 3 and got marked Exs.P.1 to P.16 in support of their contention. The respondents are examined as RWs 1 to 5 and got marked Exs.R.1 to R.9 in support of their contention. The Tribunal after taking into consideration all these materials on record, awarded compensation Rs.1,06,200.00 in favour of the claimant in M.V.C. No. 76/2011 and a sum of Rs.1,34,240.00 in favour of the claimant in M.V.C. No. 77/2011 directing respondents No.2 and