LAWS(KAR)-2019-1-73

ORIENTAL INSURANCE COMPANY LIMITED Vs. CHINNATHAI

Decided On January 10, 2019
ORIENTAL INSURANCE COMPANY LIMITED Appellant
V/S
Chinnathai Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the learned Member, Civil Judge (Sr.Dn) & MACT, Madikeri, on 27.06.2009 in MVC No.61/2003, wherein a claim was adjudicated by partly allowing the said petition. The claimants therein said to be the parents of deceased Mohan were awarded with compensation of Rs.3,49,000/- together with interest @ 6% per annum, by fixing the joint and several liability on respondent Nos.1 to 3.

(2.) In order to avoid confusion and overlapping, the parties, hereinafter are referred in accordance to their respective rankings held before the Tribunal.

(3.) The proceedings before the Tribunal came to be initiated because of a road traffic accident which occurred on 03.01.2003 at 07.30 am, Mohan son of the claimants was traveling as loader from Kushalnagar to Kudlur Industrial Area, in tractor and trailor bearing Reg.No.KA-12 / T-2682 and KA-12 / T-2683, respondent No.1 therein said to be the driver of the said vehicle drove the same in rash and negligent manner and accident took place on a public road, as a result, Mohan fell down on the ground and sustained grievous injuries, he could not recovered and succumbed to injuries. The claimants filed a claim petition. The learned Member, MACT, Madikeri adjudicated the matter by partly allowing the claim petition by granting compensation as stated above.