BRANCH MANAGER ORIENTAL INSURANCE COMPANY LTD Vs. LAXMIBAYI

JUDGEMENT

(1.) These two appeals are filed by appellant-Insurance Company questioning the liability and the claimants for enhancement of the compensation against the judgment and award dated 02.08.2011 made in MVC.No.124/2010 on the file of Senior Civil Jude and MACT.No.VIII, Muddebihal awarding compensation of Rs.6,68,000/- with interest at the rate of 6% per annum from the date of petition till the date of realisation..

(2.) The facts of the case are:-

(3.) The first respondent remained absent and placed exparte. The second respondent, Insurance Company appeared and filed written statement denying all the averments made in the claim petition and denied the age, occupation and income of the deceased and contended that the accident occurred due to rash and negligent driving by the driver of Tipper bearing Reg. No.AP-04-V-9729 and it is specifically contended by the second respondent that, as the deceased has jumped away from the lorry in which he was moving and on account of rash and negligent driving of the vehicle in which the deceased was travelling, accident has been occurred. Therefore the second respondenrt/ Insurance Company not liable to pay compensation and sought for dismissal of the claim petition.