UNITED INDIA INSURANCE CO. LTD. Vs. KUMAR ASHREETH

JUDGEMENT

(1.) MFA No. 21705/2012 is filed by M/s. United India Insurance Co. Ltd., who is the insurer of the Tractor -Trailer involved in the accident. MFA No. 21157/2012 is filed by the claimants praying for enhancement of compensation.

(2.) IN MFA No. 21705/2012, the Insurer -M/s. United India Insurance Co. Ltd., has contended that the driver of the car which collided with the Tractor -Trailer is responsible for causing the accident in question to an extent of 50%, therefore, he is liable to the extent of 50% and consequently, the learned counsel for the Insurer (United India Insurance Co. Ltd.) pleads that the company is liable to satisfy 50% of the award amount only.

(3.) THE facts of the case in brief are that, the deceased Dr. Deepak, S/o. Krishnaraj Dhanthi, Aged about 29 years died in the accident that occurred on 04.01.2002, when he was travelling in a Maruthi Car bearing Registration No. KA -32/M -788 along with his friends and relatives from Mudalagi to Hagari Bommanahalli to attend the naming ceremony of his son at Hagari Bommanahalli.