BRANCH MANAGER Vs. THIMMESHI

JUDGEMENT

(1.) The insurer being aggrieved by the judgment and award dated 27.3.2013, passed in MVC No.984/2012, by the MACT-IX, Ballari, has filed this appeal .

(2.) It is the case of the claimant before the tribunal that, on 1.3.2012, at about 7.30 p.m. , when the minor petitioner was proceeding in a bullock cart along with his family members, for the purpose of attending jatra, near Marammaj j i Temple, on NH-13, near Hosahalli of Kudligi taluka, the driver of TATA Ace auto bearing No.KA-35/A-7746 drove the same in a rash and negligent manner and dashed to the bullock cart, as a result the minor petitioner sustained grievous injuries and he was taken to Government Hospital, Jagalur and treated in other hospitals. The guardian of the minorincurred heavy medical expenses. Therefore compensation was claimed on behalf of the minor claimant against owner, driver and insurer of the of fending vehicle.

(3.) In pursuance of notice, respondents No.1 to 3 appeared before the tribunal. Respondent No.2 has filed the written statement which was adopted by the respondent No.1, wherein it is admitted that the respondent No.2 is the owner of the vehicle and respondent No.1 is the driver of the offending vehicle and respondent No.1 was holding valid driving license and vehicle is duly insured with respondent No.3. Therefore, if there is any liability, it may be saddled against respondent No.3.