MANAGING DIRECTOR Vs. RAMAKRISHNA J S AND OTHERS

JUDGEMENT

(1.) The Managing Director, KSRTC has filed this appeal challenging the legality and correctness of the judgment and award dated 18-2-2011 made in MVC No.1197/2010 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as the Tribunal for short) fastening liability on them to compensate the claimant to an extent of 1/3rd of the compensation amount awarded by the Tribunal.

(2.) The first respondent herein had filed a claim petition contending that he was working as a cleaner in the Canter lorry bearing Registration No.KA-53/8633. On 20-12-2009, after loading the goods at Bangalore while proceeding towards Mangalore, near Jogipura, Bangalore-Mangalore Road, Chennarayapatna Taluk, the driver of the Canter lorry drove the vehicle in a rash and negligent manner and dashed against the stationed lorry bearing Registration No. KA-04/B-4855 which had collapsed on the road in view of the accident between the said lorry and a KSRTC bus bearing Registration No. KA-06/F-0498. In the claim petition, it was contended that in view of the said accident, the claimant has sustained injuries all over the body. Immediately after the accident, he was shifted to Government Hospital at Hassan and thereafter he had taken treatment in Abhaya Hospital at Bangalore. In the accident he had sustained three fractures in addition to cut and lacerated wounds all over the body. He was inpatient from 20-12-2009 to 30-12-2009, he has spent huge money for his treatment. Due to the rash and negligent driving of the canter lorry which dashed against the stationed lorry, the accident had occurred. Hence, the insurer as well as the owner of the canter lorry are liable to compensate the claimant and sought for compensation of Rs.20,00,000/-.

(3.) In response to the notic issued by the Tribunal, the insurer of the canter lorry i.e. the National Insurance Company filed written statement denying the entire averments made in the claim petition and also contended that the lorry was parked on the National Highway without indicators. In the night time, stationed vehicle could not be seen, hence, the canter lorry dashed against the said lorry, Due to the negligent act of the driver, parking the lorry on the national highway without indicators, the accident had occurred. Hence, the insurance company is not liable to compensate the claimant.