- (1.) Leave granted.
(2.) Appellant was a driver of a bus belonging to the Karnataka State Road Transport Corporation. He was driving the said vehicle on 18.4.1995. A collision took place between the said bus and a truck bearing Registration No. CAM 6939. A large number of passengers travelling in the said bus were injured. Appellant herein was also one of them. The passengers of the said bus as also the appellant filed applications for payment of compensation before the Motor Vehicles Accident Claims Tribunal, Belgaum in terms of Section 166 of the Motor Vehicles Act, 1988 (for short "the Act"). Appellant was also prosecuted for rash and negligent driving before a criminal court. No such case was initiated against the driver of the truck. The Corporation denied and disputed the contention of the passengers that the appellant was driving the bus in a rash and negligent manner. Appellant examined himself in the other claim petitions in support of the case of the Corporation. He, however, was not impleaded as a party therein. It is stated that ordinarily drivers are not impleaded as parties in the claim cases in the State of Karnataka, purported to be having regard to the provisions contained in Rule 235 of the Karnataka Motor Vehicle Rules, 1989.
(3.) Both sets of claim cases were taken up for hearing together by the Tribunal. The awards were also passed on the same day.;