UNITED INDIA INSURANCE COMPANY LTD Vs. M ANUSAYA

JUDGEMENT

(1.) THIS appeal by the offending motor vehicle is, calling in question the judgment and award dated 6-6-2006 in M. V. C. No. 388/2003 on the file of the I Addl. Civil Judge, (Sr. Dn), Bangalore rural District, Bangalore (for short 'mact' ).

(2.) ONE Manjunatha Reddy while driving the tractor bearing registration No. AP-07/v-780 to Ramasagara via Bangalore from Tumkur, on NH-4, on 5-9-2003, the lorry bearing Registration No. CAS-2529, driven in a rash and negligent manner, dashed against the hind portion of the tractor, due to which Manjunatha Reddy fell down and sustained grievous injuries. The injured was admitted to a private Nursing Home and thereafter shifted to M. S. Ramaiah Hospital where he succumbed to grievous injuries on 13-10-2003, despite treatment. The widow, two minor children and parents of the deceased Manjunatha Reddy moved a petition to recover Rs. 29,73,000/- as compensation for the loss suffered by them. The MACT held that the accident was attributable to the rash and negligent driving of the lorry by tis driver and therefore, the owner and the insurer-appellant were liable to pay compensation. The MACT computed the compensation at Rs. 9,48,000/- and passed an award impugned herein.

(3.) THE insurer of the offending motor vehicle contends that the impugned judgment and award is unsustainable on two counts: