ORIENTAL INSURANCE CO LTD Vs. JAYAMMALABIC

JUDGEMENT

(1.) These two appeals in MFA.No.5504/2013 and MFA No.5505/2013 by the insurer and MFA Crob.No.18/2016 in MFA.No.5505/2013 by the claimants call in question the judgment and awards dated 05.03.2013 and 13.03.2013 respectively made by Additional MACT, Kunigal in MVC.No.1025/2010 and MVC.No.1026/2010 whereby two sums of compensation i.e., Rs.25,200/- and Rs.7,57,100/- respectively with interest @ 6% per annum subject to a usual condition of Bank Deposit, have been awarded.

(2.) Brief fact matrix of the case as to the happening of accident on 21.01.2010 because of rash and negligent driving of offending vehicles i.e., motor bikes bearing Registration No.KA- 05-EE-7124 and No.KA-03-EQ-6818, and consequent sustaining of grievous injury by the claimant in MVC No.1025/2010 and in MVC No.1026/2010 the fatal injury by one Shivkumar to which he succumbed later is established by the evidentiary material on record supporting the pleadings of the parties. The MACT accordingly has made the impugned judgment and awards.

(3.) Learned counsel for the appellant-insurer vehemently contends that the very involvement of the insured vehicle is under challenge which aspect has not been duly adverted to by the MACT, keeping in view abundant evidentiary material on record particularly the Police Papers and that without ascertaining the identity of the vehicle no award could have been passed by the MACT.