BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. ANKARAMAIAH

JUDGEMENT

(1.) These five appeals and three cross objections are directed against the judgment and award dated 9.2.2009 passed by the I Additional Civil Judge (Sr.Dn), Bangalore Rural District, Bangalore in MVC Nos.56/2003, 43/2003, 44/2003 and judgment and award dated 14.9.2010 passed by I Additional District & Sessions Judge and MACT-II, Bangalore Rural District, Bangalore, in MVC No.10/2008.

(2.) The claim petitions are filed by the claimants on account of the death of Revamma, Hanumantharaju and injuries sustained by Kodappa and Gangamma in the accident that occurred on 11.7.2002. It is stated that on 11.7.2002, one Revamma, Gangamma and Kodappa were traveling in the Tempo bearing Registration No.KA.03.B.1530 along with their vegetable bags from Dobbespet towards Yeshwanthapur. When the said tempo reached near T. Begur at about 2.45 p.m. the driver drove the vehicle in rash and negligent manner and dashed against the road side tree. Because of which, Revamma and Hanumantharaju sustained grievous injuries and died on the spot. Gangamma and Kodappa sustained injuries. A case came to be registered in Crime No.449/2002 for the offences punishable under Sections 279, 337 and 304-A of IPC.

(3.) The learned Member, after considering the oral and documentary evidence allowed the claim petitions in part granting compensation in all the petitions and directing the Insurance Company to indemnify the same.