NATIONAL INSURANCE CO LTD Vs. RAMA

JUDGEMENT

(1.) The appellant Insurance Company has filed MFA Nos. 30743/2013, 30744/2013, 30746/2013 and 31245/2013 challenging the judgment passed by the Tribunal dated 31.10.2012.

(2.) The facts leading to institutions of the claim petitions are that on 23.10.2010 there was an accident between parked vehicle lorry bearing No.TN-28/AA- 3001 and Innova car bearing No. KA-25/TP-2100 which was proceeding from Sira towards Raichur. At about 03.30 a.m. on the ill-fated day the driver of the Innova car drove the car in a rash and negligent manner and dashed to the parked lorry, resulting in the death of Lingayya @ Lingaraj, Mallesh, Narasappa and other persons sustained injuries. The claim petitions were filed by the LRs. of deceased persons and the injured. The Tribunal after considering the rival contentions allowed the claim petitions and awarded compensation. Against the said judgment, the present appeals are filed.

(3.) The grounds urged by the appellant/ Insurance Company is that the Tribunal committed an error in not considering the negligent aspect on the part of the driver of the lorry and he has parked the lorry without following the traffic rules. Further by referring the complaint made as per Ex.P-1, the learned counsel for the insurer contended that the lorry was not parked with signals and indicators to know the parking of vehicle by ongoing vehicles and thereby resulting in the accident. Under these circumstances the same has been reflected in the complaint made by inmate of the car which caused the accident.