Challenging

judgment

and

award

dated

07.09.2011 passed by Fast Track Court-I & Member,

Additional M.A.C.T., Belagavi (for short, ‘tribunal’) in

MVC No.1305/2008, this appeal is filed by insurer.

Brief facts as stated are that in an accident

that occurred on 14.12.2007, claimants/inmates of

Tata sumo bearing Reg.No.KA-26/M-1930 sustained

grievous injuries when it collided with a truck bearing

registration

no.KA-48/675

coming

from

opposite

direction.

Claim

petitions

were

opposed

denying

negligence on part of driver of their respective

vehicles as well as on quantum. Insofar as insurer of

Tata sumo vehicle, it also contended that insurance

policy issued was an ‘Act liability only’ policy and as

claimants were inmates of Tata Sumo, it was not liable

to pay compensation. After examining claimants and

doctor,

who

treated

them and marking exhibits,

Tribunal held accident had occurred due to rash

negligent driving of both offending vehicles to extent

- 4 -

of 50% each. Therefore, insurers were held liable to

pay compensation to extent of 50% of award. It also

assessed

compensation

and

awarded

same

to

claimants.

Shri. G.N.Raichur, learned counsel submitted

that appeal filed by insurer is