ORIENTAL INSURANCE CO LTD Vs. CHENNAPPA SHETTIGAR

JUDGEMENT

(1.) RAO with Kum. Preeti, learned counsel appeared for the appellant. Ms. Gunasheela, L. for Sri P. Prabhakar Shetty and Sri K. Giridhar, learned counsel appeared for respondents Nos. 1 and 2 and Sri. A. N. Krishnaswamy, learned counsel appeared for respondent No. 3. None appeared for respondent No. 4.

(2.) APPEAL is by insurer of lorry bearing registration No. MWY 7588, against award dated 19-4-2004 passed by MACT, DK, mangalore in M. V. C. No. 1514/1999, whereby and whereunder for death of bhujanga son of respondents 1 and 2, a total amount of Rs. 3,10,500/- together with interest at the rate of 6% has been awarded. The liability of the appellant-insurer has been assessed at 50%, whereas for remaining 50%, the liability has been fastened on respondent no. 3 herein, the insurer of the other vehicle.

(3.) IN the following circumstances, the accident had taken place. On 24-7-1999 at about 2. 30 a. m. Bhujanga, deceased was travelling in a tempo trax bearing registration No. KA-19 M-7390, which hit a parked lorry bearing registration No, mwy 7588 insured with the appellant herein. According to claimants-respondents 1 and 2 herein, accident had taken place solely on account of rash and negligent driving of tempo trax by its driver, as it had hit the parked lorry, which was on the left edge of the road. The impact of tempo trax against the lorry was so violent that Bhujanga had sustained severe bodily injuries and ultimately succumbed to the said injuries in Padmavathi Hospital, surathkal after few hours.