The court held that the liability for the accident rests solely on the insurer of the Maruti Swift Car, as no negligence was established against the Mahindra Loadking vehicle.

CAV JUDGMENT

The United India Insurance Company Limited, who was respondent No.3 before the tribunal, has preferred the appeals in MFA.Nos.5121/2023, 5123/2023, 5124/2023, 5125/2023 and 5128/2023 aggrieved by the judgment and award dated 14.03.2023 passed in MVC.Nos.1028/2018, 1032/2018, 1030/2018, 1029/2018 and 1033/2018 respectively passed by the Senior Civil Judge and Additional MACT, Hosanagar. Whereas, the claimants preferred the Cross-objections in MFA.Crob.Nos.119/2023, 120/2023, 121/2023 and 122/2023 aggrieved by the judgment and award dated 14.03.2023 passed in MVC.Nos.1033/2018, 1030/2018, 1028/2018 and 1032/2018 respectively by the Senior Civil Judge and Additional MACT, Hosanagar.

2. The Insurance Company preferred the appeals seeking to set-aside the impugned judgment and award and absolve the liability fastened against the Insurance Company of the insured vehicle namely, Mahindra Goods Vehicle and fix the entire liability on Royal Sundram General Insurance Company, which was respondent No.4 before the tribunal, the insurer of the Maruti Swift Car. Whereas, the claimants preferred the cross-objections in the aforesaid four claim petitions seeking to enhance the compensation.

3. Though these matters are listed for admission, with consent of learned counsels for parties, they are taken up for final disposal.

4. Parties to the appeals shall be referred to as per their status before the tribunal.

5. Brief facts of the case are as under:

On 28.08.2017 at about 1.00 p.m. at Bairinakoppa Village, when all the deceased persons, who were inmates in Maruti Swift Car bearing registration No.KA-15-A-2204 were travelling on Shivamogga-Sagara road, the driver of Mahindra Loadking vehicle bearing registration No.KA-20/B-7352 drove the same in a rash and negligent manner and dashed against the Maruti Swift car, which lead to occurrence of accident. Due to the impact of collision of two vehicles, the inmates of the Maruti Swift Car namely namely, Marimuttu, Karthik, Kiran, Ashok Kumar and Naveena, despite being provided best treatment, succumbed to the injuries.

5.1 The claimants in each of the claim petitions being the sole dependant of the deceased persons filed claim petitions seeking compensation against respondent Nos.1 to 5 namely, the driver of the Mahindra Loadking, the owner of Mahindra Loadking, Insurance Company of the Mahindra Loadking, Insurance Company of the Maruti Swift Car and the owner of the Maruti Swift Car respectively.

5.2 Respondent No.1 before the tribunal was placed ex parte. Respondent Nos.2 to 4 filed written statement. Respondent No.5 did not prefer to file written statement. The contesting respondents denied their liability and sought for dismissal of the claim petitions. In fact, respondent No.3-the United India Insurance Company Limited of Mahindra Loadking goods vehicle took up a plea that there was no liability or negligence on the part of the Mahindra Loadking and the entire negligence is due to rash and negligent driving by the driver of the Maruti Swift Car and it also took up the plea that FIR and chargesheet came to filed against the driver of the Maruti Swift Car and since the driver of the car died in the accident, an abated chargesheet came to be filed against him for the offence punishable under Sections 279 , 338, 304A of IPC . It was specifically pleaded that there was no negligence on the part of the driver of the Mahindra Loadking and consequently, sought for dismissal of the claim petition as against respondent No.3.

5.3 On the basis of the materials placed on record, both oral and documentary, the tribunal awarded total compensation of Rs.22,67,000/- in MVC.No.1028/2018, Rs.17,39,000/- in MVC.No.1032/