ABDUL SAMAD Vs. MUDDARAYAPPA MUDDARAYA AND ORS.

JUDGEMENT

(1.) The owner and insurer of goods auto bearing registration No.KA-06/B.0241, who are respectively respondent Nos.1 and 2 in MVC.Nos.1175/2009 and 1176/2009 and MVC.No.65/2009 have come up in these three appeals. MFA.Nos.5825/2011 and 5826/2011 are filed by the owner of goods auto challenging the judgment and award passed in MVC.Nos.1175/2009 and 1176/2009 on the file MACT, Bengaluru, in fastening liability to pay compensation on him. Whereas MFA.No.1163/2013 is filed by the second respondent insurer in MVC.No.65/2009 challenging the liability fastened on it by the MACT, Madhugiri.

(2.) Brief facts leading to the filing of these three appeals are as under:

(3.) Though all these three appeals have come up for admission, since they are arising out of the same accident i.e., accident said to have taken place on 18.12.2008, all the three appeals are taken up together primarily to consider the divergent finding rendered by MACT, Bengaluru and MACT, Madhugir, wherein the finding of MACT, Madhugiri is to the effect that goods auto has hit the deceased, who was a pedestrian on the road and the finding of MACT, Bengaluru is that the injured were inmates of goods auto and not pedestrians. Therefore, the limited point that arise for consideration in these appeals is the status of deceased and injured at the relevant time of accident as to the pedestrians or inmates of offending goods auto bearing registration No.KA-06/B.0241 owned by the appellant in MFA.Nos.5825/2012 and 5826/2012 and insured with appellant in MFA.No.1163/2013.