MANAGER Vs. SHIVALEELA W/O KARABASAPPA SHIVJOGI

JUDGEMENT

(1.) This appeal has been preferred by the insurance company and the claimant has preferred the cross-objection questioning the correctness and legality of the judgment and award dated 26.03.2009 in M.V.C.No.344/2006 on the file of Senior Civil Judge and Addl. M.A.C.T., Haveri.

(2.) The facts of the case briefly stated are as follows: The name of the deceased is Dyamavva who is the mother of the claimant. On 14.07.2006, at about 4.00 p.m., she was travelling in an auto rickshaw bearing registration No.KA-25/A- 7613 from Kundagol cross to Varur. As the rickshaw came near a place called Palya, a FIAT car bearing registration No.KA-35/M- 1756 driven rashly and negligently by its driver, came from opposite direction and dashed against the auto rickshaw. As a result of this accident, the said Dyamavva got injured and was shifted to hospital where she breathed her last. Therefore, the claimant preferred a petition seeking compensation.

(3.) The first respondent in the claim petition is the owner of the FIAT car and the second respondent is the insurance company. Third respondent is the owner of the auto rickshaw and the fourth respondent is the husband of the deceased. All these respondents appeared before the Tribunal and filed separate statements of objections. The first respondent denied the accident in question and took up a stand specifically that his car bearing registration No.KA-35/M-1756 had been insured by the second respondent. The policy was in force at the time of accident. Therefore, the liability, if any, was to be fastened on the insurance company and he should be indemnified by the second respondent.