UNITED INDIA INS. CO. LTD. Vs. UMESH N.

JUDGEMENT

(1.) This appeal is filed by the appellant Insurance Company challenging the judgment and award dated 17.8.2011 passed in M.V.C.No.7564/2009 on the file of the Motor Accident Claims Tribunal, Bangalore, questioning the fastening of the liability only on the respondent No.1 (appellant herein).

(2.) It is the case of the petitioner before the Tribunal that on 27.7.2009 at about 1.20 p.m., the petitioner was standing on the center median for crossing the road at Dr. Marigowda Road near 14th Cross, Wilson Garden, Bangalore, carefully and cautiously and by observing the traffic. At that time, all of a sudden a private bus bearing No.KA-51-A-2799 driven in a rash and negligent manner at a high speed dashed to a auto and hit the railings of the median and to the petitioner and another. As a result, the petitioner fell down on the other side of the road. At that time, a car bearing No.KA-02-MD-5853 came at a high speed in a rash and negligent manner and dashed to the petitioner. Due to the impact, the petitioner sustained injuries. Hence, the petitioner claimed the compensation before the Tribunal.

(3.) After the service of summons, the respondent Nos.1 and 3 appeared and filed their respective written statements. The respondent No.1 contended that the accident is caused on account of the negligence on the part of the driver of the car and the bus. The respondent No.1 also contended that the driver of the car was not having valid driving licence. The respondent No.3 contended that there is no contributory negligence on the part of the driver of the car and the accident is on account of negligence on the part of the driver of the bus only. The petitioner in order to substantiate his claim, examined himself as P.W.1 and examined the doctor as P.W.2 and got marked the documents at Exs.P.1 to 11. On the other hand, the respondents examined three witnesses as R.Ws.1 to 3 and got marked the documents at Exs.R.1 and 2.