DIVISIONAL MANAGER, THE ORIENTAL INSURANCE REP. BY THE REGIONAL MANAGER, THE ORIENTAL INSURANCE CO LTD., BY ITS MANAGER Vs. SMT. MINAKASHI W/O. LATE SRI MAHANTAPPA @ MAHANTESH, SMT. KRISHNABA W/O. SRI MALLAPPA, KUM POOJA D/O MAHANTESH, MINOR REP

JUDGEMENT

(1.) THE Appellant - insurance company has come up in this appeal challenging the liability saddled on it by the II Addl Civil Judge (Sr. Dn.) at Gulbarga (for short, 'MACT') in MVC No. 279/2003 dated 26.04.2007. The Respondents 1 to 3 were the claimants before the MACT which petition was lodged by them claiming compensation on account of the death of Mahantappa who died in a road traffic accident on 2.8.2002 at about 12.30 a.m. on Lokapur - Mudhol road. According to the claimants, on the ill fated day, the deceased along with others had been to Saundatti Yellawa temple in a vehicle bearing No. KA -32/M -9423 and while returning, on account of the rash and negligent driving of die driver of the vehicle the accident occurred which resulted in the death of Mahantappa. The Appellant insurance company filed the written statement. In the written statement it is only contended that the deceased was not earning Rs. 3,000/ - per month and that the claimants have not produced any documents to prove the income and age and denied the rash and negligent driving of the vehicle by its driver and it also denied the driver having valid driving licence to drive the vehicle on the date of accident and that the insurance company had issued notice the claimants' advocate to furnish the correct insurance particulars and inspite of the same the owner of the vehicle has not produced the insurance particulars and also sought permission to raise other grounds by making an amendment to the written statement. The owner of the vehicle did not contest the case.

(2.) BASED on the above pleadings, the following issues were framed by the court below:

(3.) BEING aggrieved by the same, the present appeal is filed.