HANMANTH Vs. SANTOSH

JUDGEMENT

(1.) Challenging common judgment and award dtd. 14/6/2018 passed by Senior Civil Judge and MACT, Chittapur ('tribunal' for short) in MVCs no.209/2017 and 210/2017, these appeals are filed by claimants as well as insurer.

(2.) While insurer has filed MFA no.201561/2018 challenging award in MVC no.210/2017 and MFA no.201562/2018 challenging award in MVC no.209/2017; claimants have filed MFA no.201496/2018 challenging award in MVC no.210/2017 and MFA no.201497/2018 against award in MVC no.209/2017.

(3.) Smt.Preeti Patil Melkundi, learned counsel for appellant-insurer submitted in claim petition, it was stated that at 11.20 a.m., on 6/1/2016, Yallamma and Channamma were traveling in tractor-trailer Chassis no.MVTM/31419117262, Engine no.391354SUM12592 and trailer chassis no.BT.3T15/2015, after loading stones for construction of boundary wall. Near Gaudti Hotel, Chittapur, its driver drove it in rash and negligent and in zig-zag manner and applied brakes suddenly, due to which it turned turtle and caused accident. Due to stones falling on them, Yallamma died on spot, while Channamma sustained grievous injuries. Despite taking treatment, Channamma did not recover fully and sustained permanent physical disability/loss of earning capacity. Due to same, she filed MVC no.210/2017. Likewise, husband and children of Yallamma filed MVC no.209/2017 against owner and insurer of tractor and trailer.