MFA.No.8715/2017

is

filed

by

the

Insurance

Company challenging the judgment and award dated

27.09.2017 in MVC.No.553/2016 passed by the Addl.

Senior Civil Judge, MACT, Srirangapatna, questioning the

liability on the ground that the deceased was not a loader/

or unloader or authorized representative of the goods, but

he was only a coolie under the employment of respondent

No.4. Hence, it is the ground raised by the learned counsel

for the Insurance Company that the liability of the

Insurance Company is subject to the provisions of

Employee’s Compensation Act, but not under the Motor

Vehicle Act.

- 5 -

MFA.No.336/2018

is

filed

by

the

claimants

challenging the judgment and award dated 27.09.2017 in

MVC.No.553/2016 passed by the Addl. Senior Civil Judge,

MACT,

Srirangapatna,

for

seeking

enhancement

of

compensation.

Brief facts of the case are that, on 02.03.2016

at about 12.15 am., near on Santhabacahanahalli, Agalya

main

road,

near

Goruvinakatte,

when

the

deceased-Raju S., was proceeding as a loader in lorry

bearing reg.No.KL-02-R-2184, by that time, the driver of

the lorry drove the same with high speed in a rash and

negligent manner and run the lorry towards the road