ASST MANAGER ORIENTAL INSURANCE CO , LTD Vs. RAMAIAH

JUDGEMENT

(1.) These two appeals by the Insurance Company are directed against the judgment and award dated 20.6.2009 passed respectively in MVC No. 4254/2007 and MVC No.4253/2007 by the XVI Additional Judge and MACT, Bangalore City, SCCH 14.

(2.) The brief facts of the case are: that on 7.4.2007 at about 9.00 a.m. one Seenappa @ Srinivasa (deceased) and Ramaiah were proceeding towards Lakkur from Malur after loading electrical poles to a tractor and trailer bearing Registration Nos.KA.04.T.1987 and 1988 at BESCOM Office, Malur, to unload them at garden land of 1st respondent. The said persons were claimed to be coolies in the tractor of the first respondent on Malur-Hosur road. On the way, at about 9.00 a.m. at Choodagondanahalli gate, one Tar Mechanised paver Finisher which was laying tar, all of a sudden came to the right side of the road and dashed against the tractor and trailer. Due to the impact, the tractor and trailer capsized. Both Seenappa @ Srinivasa in MVC 4253/2007 and Ramaiah injured in MVC No. 4254/2007 suffered serious injuries. But Seenappa succumbed to the injuries on the way to the hospital. 1st respondent is said to be the RC owner of the tractor and trailer and 2nd respondent is the insurer of the same. 3rd respondent is the owner of Mechanised tar paver finisher and 4th respondent is the Insurer of the same machine paver.

(3.) In order to avoid confusion and overlappings, parties are referred to with reference to their rankings as referred in the Tribunal.