BYRANAHALLI SHIVAMURTHY Vs. SMT. BASAMMA

JUDGEMENT

(1.) These appeals are the consequence of the vehicular accident dated 13.5.2005 involving Tractor-Trailor bearing No Reg.No.KA-14/T 539-540.

(2.) The common facts not in dispute in these appeals is, one Murugeppa is the owner of the Tractor- Trailor bearing Reg.No.KA-14/T 539-540. On 13.10.2005 at 7.30 p.m. the vehicle turtled at the Chennagiri town, Kagatur cross due to the rash and negligent driving by its driver. The loader Rajappa who was in the vehicle suffered fatal injuries and died on his way to the hospital. The legal heirs of Rajappa preferred claim petition before the Motor Accident Claim Tribunal (for brevity 'the Tribunal') in MVC No.150/2006. On enquiry, the Tribunal allowed the petition, awarded compensation against the owner and driver of the vehicle and the petition against the insurer was dismissed.

(3.) Another person namely Hanumanthappa died at the spot and one Sri.Prabhakar Chari suffered permanent disability and the legal heirs of Hanumanthappa and injured Prabhakar Chari filed claim petitions before the Commissioner for workmen's compensation (for brevity 'the Commissioner') which was numbered as CR No.195/2006 and CR No.50/2007 respectively. Both claim petitions were considered and disposed of vide common order dated 22.10.2008 and the petitions were allowed.