ORIENTAL INSURANCE CO LTD Vs. RUKMINIBAI

JUDGEMENT

(1.) The appellant-Oriental Insurance Company being aggrieved by the Judgment and Award passed by the M.A.C.T., Metropolitan Area, Bangalore City, in M.V.C. 1585/88 on 13-8-1980, has come up before this Court in these Appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter called the 'Act').

(2.) Thee appellant has sought for setting aside the findings recorded by the Tribunal in regard to the liability of the Insurer to make good the compensation, on more than one ground.

(3.) The undisputed facts as borne out of the records are that the tractor and trailor bearing registration No. MEZ 6506 and 6507 respectively belonging to Nanjegowda, one of the respondents herein, dashed against the Scooter from behind on Bangalore-Bellary road on 5-7-1988 at 7.00 a.m. causing injuries to the rider and the pillion rider of the scooter. The rider husband of R-1, succumbed to the injuries, later Rukmini Bai, R-1 and her two minor children along with the parents of the deceased filed claim in M.V.C. No. 1584/ 1988, whereas R-1 herself filed claim petition M.V.C. No. 1585/ 1988 for the injuries sustained by her. The Tribunal having considered the evidence on record awarded compensation of Rs. 1,29,500/- in MVC 1584/ 1988 and Rs. 22,400/- in the other case with a direction to the appellant herein to pay the entire amount of compensation awarded. Hence these appeals.