ICICI LOMBARD GENERAL Vs. GHOUSE PEER

JUDGEMENT

(1.) These two appeals are filed by the Insurance Company and the claimants respectively challenging the judgment and award passed in M.V.C.No.4786/2013 dtd. 5/12/2014 on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru questioning the negligence and quantum of compensation.

(2.) The factual matrix of the case is that on 22/8/2018 at about 8.30 p.m., deceased G. Khashim was an occupant of the bus bearing No.KA-52-1389 from Nelamangala towards Bangalore on NH-4 road. The driver of the bus drove the bus in a rash and negligent manner endangering to human life and caused the accident in zigzag manner. As a result, the deceased sustained severe head injury and succumbed on the spot due to the injuries near the toll plaza toll. The claimants have contended that they have spent Rs.80,000.00 towards funeral expenses and he was earning Rs.12,000.00 per month as Tailor and was contributing the income to his family.

(3.) The Insurance Company has filed the written statement denying the contentions raised in the claim petition and denied the negligence on the part of the driver of the bus. It is contended that there is no negligence on the part of the driver of the bus and the bus was moving in slow manner in the toll plaza, at that time, the deceased put his neck outside the bus without following traffic rules and regulations. Hence, the deceased himself is solely responsible for the unfortunate accident and they are not liable to pay any compensation.