UNITED INSURANCE CO LTD Vs. SIDDAMMA

JUDGEMENT

(1.) Mfa No.30908/2012 is by the insurance company challenging the liability fastened on it under the judgment and award dated 17.11.2011 in MVC No.56/2005 passed by the Senior Civil Judge and Member, MACT-VIII, Muddebihal and MFA No.30924/2012 is by claimant seeking enhancement of compensation awarded under the same judgment and award.

(2.) The injured approached the Tribunal by filing petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.16,20,000.00 for the injuries sustained in the motor vehicles accident which took place on 29.10.2004 at about 1-00 p.m., when the claimant/deceased travelling in Tom Tom goods vehicle bearing No.KA-29/9078, the driver of the offending vehicle drove it in rash and negligent manner, due to which the vehicle turned turtle on the side of the road and fell on the back of the injured. He sustained injuries on spinal cord and he was unable to move. The injured had filed petition before the Tribunal on 07.06.2005. During the pendency of the claim petition, on 21.06.2006 the injured/claimant died and his mother Siddamma came on record as claimant. The petition was converted to Sec. 163-A petition.

(3.) It is the case of the claimant that the injured was working as coolie and was getting income of Rs.250.00 per day. Respondent Nos.1 and 2 appeared before the Tribunal on service of notice. Respondent No.1 filed its objection denying petition averments. Respondent No.2 also filed its objection denying that the claimant/ deceased was travelling as a passenger in the Tom Tom Auto. It is also contended that respondent No.2 is not liable to pay compensation as claimed by the claimant.