ORIENTAL INSURANCE CO.LTD Vs. VANITHA W/O DEVARAJ

JUDGEMENT

(1.) The appellant -Oriental Insurance Company filed this appeal challenging the judgment and award dated 6th September 2008 made in MVC No.458/2007 passed by the District Judge, I Fast Track Court, Shimoga (hereinafter referred to as 'the Court below' for short) fastening the liability on the appellant to compensate the claimants.

(2.) Respondents 1 to 4 are the legal representatives of deceased Devaraj, who died in the road traffic accident occurred on 12 -03 -2007. The deceased was working as cleaner in a Bus bearing Registration No.KA -01/B -8433 belonging to the 5th respondent herein. Due to the rash and negligent driving of the bus by its driver, the bus met with an accident on 12 -03 -2007 at about 4.15 a.m., near Srinivasapura Gate, Mandya District on Mysore -Bangalore Highway. He sustained injuries and died in the hospital. The wife, son, father and mother of deceased Devaraj filed a claim petition seeking for compensation of Rs.13,65,000/ - due to the untimely death of the bread earner of the family. The appellant filed statement of objections to the claim petition denying its liability and also contended that there was contributory negligence on the part of the driver of the offending vehicle and also driver of the KSRTC bus. Hence, the KSRTC is necessary party to the proceedings. Further it was contended that the cleaner working in the bus is not covered by the Insurance policy. Hence, the Insurer is not liable to compensate the claimants and sought for dismissal of the claim petition.

(3.) On the basis of the pleadings of the parties, the Court below framed necessary issues.