HUSSAIN SAB ALI SAB DHANVADKAR Vs. TULSIDAS

JUDGEMENT

(1.) This appeal is by the owner of the motor vehicle bearing registration mark MEN 5551. The said motor vehicle is a truck.

(2.) On 23-6-1985 at about 9-30 A.M. on Joida-Kumarwada road near the Toll bridge, due to rash and negligent driving of the drivers of both the vehicles, i.e., another vehicle bearing registration mark MEF 9780 belonging to the Karnataka State Road Transport Corporation, (the Corporation for short), a collision took place resulting in serious injury to the claimant Tulasidas, respondent-1 herein. He, therefore, preferred a petition under Section 110A of the Motor Vehicles Act in M.V.C. No. 228 of 1985 in the Accidents Claims Tribunal, Uttara Kan- nada. The claim was resisted by the respondents viz., the present appellant, the driver and the New India Insurance Company, the insurer as well as the driver of the other motor vehicle involved in the accident belonging to the Corporation and the Corporation itself together with the Internal Insurance Fund administered by the said Corporation. Respondents 7 and 8 were added as the purchasers of the truck.

(3.) It suffices to state that each of the respondents pleaded defence in a particular fashion.The appellant and his driver claimed no responsibility as there was no fault on their part for the accident.