VENKATAPPA Vs. LAKSHMANA

JUDGEMENT

(1.) These two appeals arise out of a common judgment rendered by the MACT, Bangalore in M.V.C.No.7828/2006. M.F.A.5592/2009 is filed by claimants challenging the judgment directing payment of Rs.46,000/- out of total compensation of Rs.3,93,500/- along with accrued interest by the owner of tractor and trailer and the liability of the insurance company was limited to reimburse remaining amount of Rs.3,47,500/- for which the owner and insurer have been held jointly and severally liable to pay the amount. Connected appeal No.2473/2009 has been filed by the Insurer of the tractor and trailer challenging its liability.

(2.) Both the appeals have been heard together and are disposed of by this common judgment.

(3.) Facts that emerge from the discussion made by the Claims Tribunal and the materials on record are, one Shivaraj an employee engaged to work in the tractor and trailer by the owner of tractor and trailer died on account of personal injuries suffered by him in an accident that occurred on 21.09.2006 at about 3.30 p.m., while he was proceeding in the tractor and trailer bearing No.KA-07-T-4409 and T-4410. He was a coolie engaged by the owner. Shivaraj fell down and the wheel of the trailer went over him resulting in his instantaneous death.