LAWS(KAR)-2011-11-266

DIVISIONAL CONTROLLER BELLARY DIVISION KARNATAKA STATE ROAD TRANSPORT CORPORATION BELLARY NOW BY THE MANAGING DIRECTOR NEWLY CONSTITUTED N.E.K.R.T.C. CENTRAL OFFICES, GULBARGA, REPRESENTED BY ITS CHIEF LAW OFFICER Vs. H N BASAVARAJAPPA S/O LATE

Decided On November 02, 2011
Divisional Controller Bellary Division Karnataka State Road Transport Corporation Bellary Now By The Managing Director Newly Constituted N.E.K.R.T.C. Central Offices, Gulbarga, Represented By Its Chief Law Officer Appellant
V/S
H N Basavarajappa S/O Late Respondents

JUDGEMENT

(1.) THIS appeal is by the Corporation challenging the judgment and award of the Tribunal on the ground of liability.

(2.) HEARD , the appeal is admitted and with the consent of the Learned Counsel appearing for the parties, it is taken up for final disposal.

(3.) THE Learned Counsel for the appellant submits that it is a case of lease of a private bus by its registered owner in favour of the Corporation and in view of the judgment of the Apex Court in the case of Uttarpradesh State Road Transport Corporation vs. Kulsum and Ors., the appellant has to be exonerated from the liability to pay compensation to the claimant and same has to be fastened against the insurer of the private bus and therefore he prays for allowing the appeal.