KALLESHA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Challenging the award in MVC No.21/2012 on the file of the Senior Civil Judge and MACT, Chinthamani the insurer has preferred MFA Nos.5348/2016 and the claimant has preferred MFA No.27/2017. For the purpose of convenience, the parties will be referred to henceforth according to their ranks before the Tribunal.

(2.) On 19/9/2021 at about 7.30 p.m. when the claimant was travelling along with his children on motorcycle bearing registration No.KA.40-L-6318 near Sooladevanahalli gate of Chinnasandra-Kyalanoor Road within the limits of Chinthamani rural Police Station the Tractor and Trailer bearing registration Nos.KA.07-T-6290/KA.07-T-6291 hit the said motorcycle. Due to the accident, claimant and his children suffered injuries.

(3.) Regarding the incident, one Manjunath filed complaint before Chinthamani rural Police Station. Based on which FIR Ex.P1 was registered in Crime No.263/2011 against the driver of the Tractor and Trailer. There is no dispute that on investigation the charge sheet was filed against the driver of the said Tractor and Trailer. At the relevant time, respondent Nos.1 to 3 were the registered owner, driver and insurer respectively of the Tractor and Trailer.