LAWS(KAR)-2011-2-117

AKKN MARATE W/O. CHIKKA MARATE Vs. SANJEEVA SHETTY S/O. MAHABALA SHETTY AND UNITED INDIA INSURANCE CO. LTD. REP. BY ITS BRANCH MANAGER

Decided On February 15, 2011
Akkn Marate Appellant
V/S
Sanjeeva Shetty S/O. Mahabala Shetty And United India Insurance Co. Ltd. Rep. By Its Branch Manager Respondents

JUDGEMENT

(1.) THIS is a claimant's appeal to set aside the judgment of dismissal of claim petition.

(2.) I have heard Sri Maheshkiran Shelly, learned Counsel for claimant and Sri Rajashekhar learned Counsel for Insurance Company.

(3.) THE owner of bus did not contest the claim petition. The Insurance Company contested the claim petition, contending that accident took place due to rash and negligent driving of driver of bus bearing No. KA -20 -9018 as he had abruptly stopped without giving any signal. The driver of bus bearing No. KA -19 -3755 was driving bus at a moderate speed. The bus bearing No. KA -19 -8755 dashed against bus bearing No. KA -20 -9018. Therefore, driver of bus bearing No. KA -19 -3755 was not guilty of rash and negligent driving.