BRANCH MANAGER Vs. TULASAWWA

JUDGEMENT

(1.) The appellant-insurance company being aggrieved by the judgment passed by the MACT-II, Bagalkot in MVC Nos.53 to 55 of 2011 dated 14.05.2012 in fastening the liability on the appellant-insurance company, approached this Court seeking setting aside the said judgment, so far it relates to the appellant is concerned.

(2.) All the above said appeals raised common question of law and facts, therefore, they are taken up together for disposal.

(3.) The claimants in MVC Nos.53 to 55 of 2011 before the Tribunal are arrayed as respondent No.1 respectively in the above said appeals. They have filed their petitions seeking compensation for the injuries sustained by them in an accident dated 19.05.2010 at 11.15 hours. There is no dispute as such, between the parties to the proceedings with regard to occurring of the accident and also claimants sustaining injuries. The record discloses that, respondent No.1 before the Tribunal is the owner of a vehicle bearing Reg.No.KA-29/A-709 a Tum Tum vehicle. In fact, in spite of issuance of notice to him, he remained absent before the Tribunal and he was set exparte. Even before this Court also, notice has been ordered to respondent No.2, who is owner of the said offending vehicle. In spite of due service, he remained absent and unrepresented.