SUJATHA Vs. K.N. RANGANATH

JUDGEMENT

(1.) THESE two matters arise out of the Judgment & award passed by Senior Civil Judge & JMFC, Kunigal, in MVC No. 736/2008 dated 3rd April, 2005, MFA No. 386/2013 is filed by the claimants seeking enhancement of the compensation. MFA No. 8344/2012 is filed by the Insurance Company questioning the liability and the quantum of compensation awarded by the tribunal. Therefore, these two matters are heard together.

(2.) THE admitted facts are as hereunder: - -

(3.) IT was contended by the Insurance Company that if really the vehicle in question was involved in the accident when the deceased was shifted to hospital at PHC hospital, Kunigal, the cause of accident would be noted in the Medico Legal Case register and it is for the claimants to prove the involvement of the lorry by summoning the medico legal register maintained by the Government hospital Kunigal since the same is not summoned and produced an adverse inference has to be drawn against the claimants.