NATIONAL INSURANCE COMPANY LIMITED Vs. KSRTC

JUDGEMENT

(1.) M.F.A. No.4481/2014 has been filed by the claimant - KSRTC, while M.F.A. No.6416/2014 has been filed by National Insurance Company Ltd., who is the insurer of the offending vehicle. Both appeals have been filed assailing the judgment and award dated 13.03.2014 passed in M.V.C. No.409/2011 by the III Addl. Senior Civil Judge and MACT, Mangalore (hereinafter referred to as 'Tribunal' for the sake of brevity).

(2.) For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Tribunal.

(3.) The facts briefly stated are, that on 25.09.2007 KSRTC Volvo bus bearing registration No.KA-01-F-8338 was going from Mangalore to Bombay. When the said bus was moving on Poona Bangalore Road within the limits of Garag Police Station, a lorry bearing registration No.AP-28-X-4931 came from service road towards left side of the Poona Bangalore highway road suddenly and dashed against the Volvo bus. Due to the said accident, left side body of the KSRTC Volvo bus was damaged.