BALAPPA Vs. YALLAPPA

JUDGEMENT

(1.) THE appellants, who are Respondent Nos. 1 & 2 before the trial Court in MVC No. 172/2001 on the file of the III Addl. Civil Judge (Sr. Dn.) and CJM, Dharwad, have preferred this appeal challenging the judgment and award dated 27.04.2007 passed by the trial Court awarding compensation of Rs. 1,71,800/ - in favour of the petitioner/claimant namely Yallappa, son of Vithal Sunagar along with interest at 6% p.a. and fastening the entire liability on the appellants/Respondent Nos. 1 & 2 and also dismissed the petition against Respondent No. 3 -Insurance Company.

(2.) FOR the purpose of convenience, the ranking of the parties herein are referred to as per their ranking in the trial Court.

(3.) IT is specifically contended that the accident happened mainly due to the rash and negligent driving of the driver of the Tractor. The owner, driver of the said tractor (the appellants herein respectively) and Respondent No. 3 -New India Insurance Co. Ltd. contested the proceedings. As there was no insurance to the said vehicle and policy was not in force, the trial Court has dismissed the petition against the Insurance Company. It is not the case of the appellant/owner before this Court that the said tractor was insured with any Insurance Company. On the other hand, it is the case of the appellants that the accident was mainly due to the rash and negligent driving of the motor cycle ridden by the claimant himself and therefore, the trial Court ought to have fastened the liability on the claimant as well as on the insurer of the motor cycle.