UNITED INDIA INSURANCE CO LTD Vs. PEERAMMA

JUDGEMENT

(1.) HEARD.

(2.) THESE two appeals are filed by the insurer of the offending tractor-cum-two trailers bearing the registration Nos. MEI 7855, MEI 7856 and MEI 7899 challenging the common judgment and separate awards dated 6. 9. 1989 of Motor Accidents Claims Tribunal at Bijapur passed in MVC nos. 443 and 437 of 1986 respectively, awarding compensation to the claimants/ dependants of the respective deceased victims of the motor accident, on the ground that the Tribunal erred in fixing liability on the appellant to pay the compensation to the respective claimants.

(3.) IT is not in dispute and the same stands satisfactorily proved from the evidence on record, as has been rightly held by the Tribunal, that the two deceased persons, namely, Khadri Saab and mohammad Saab, together with Ramzan Saab, PW 3, were travelling in the said unit of vehicles comprising the tractor and two trailers, transporting their bundle of carpets when the vehicles met with accident on 15. 5. 1986 within the limits of Bijapur District as a result of negligent driving by their driver, and that, both the deceased succumbed to their injuries caused to them in the accident. Therefore, on consideration of the further material evidence on record, the Tribunal assessed and awarded certain amounts of compensation to the respective claimants in the said two cases, viz. , MVC Nos. 443 and 437 of 1986 and the awards are passed against the owner, driver and appellant insurer of the said vehicles.