JUDGMENT :

This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 06.01.2016 passed in MVC.No.1086/2012 by the Senior Civil Judge, Gubbi, on the ground of liability.

2. Brief facts of the case are as under:

On 30.06.2012 at about 7.30 am., the claimant No.1 has taken the Tractor Trailer bearing Reg.No.KA-06-TA-9520-9521 to shift the manure to the garden of claimant No.1 on hire basis. To load the manure, the claimant No.1 has taken the labourers of Mallesh, Ramaiah, Sanjeevachar to the said manure pit of Obalaiah of Shivapura Village. By that time, the driver of the said tractor drove the vehicle in a rash and negligent manner and taken back side, without any caution and signal and dashed against the Mallesh and Dodaiah, as a result of which, the said Mallesh has sustained injuries all over the body, immediately, Mallesh was taken to the hospital in a Maruthi van of Karibasavaiah and on the way to hospital near Kenchanahalli at about 9 am., the said Mallesh died due to the injuries sustained in the accident.

3. Learned counsel for the appellant Insurance Company vehemently submitted that the Tribunal has wrongly fastened the liability on the In