BASAPPA Vs. K H SREENIVASA REDDY

JUDGEMENT

(1.) These two appeals arise out of a common judgment and awards dated 7-12-1978 passed by the Member, Motor Accidents Claims Tribunal, Chickmangalur in (MVC) Cases Nos. 6 and 9 of 1978, on his file, dismissing the two petitions.

(2.) The deceased in Miscellaneous (MVQ Case No. 6 of 1978 and the injured in Miscellaneous (MVC) Case No. 9 of 1978 Were traveling on 17-8-1977 at about 2.00 P. M. in bus bearing Registration No. MYS 6418 belonging to respondent I and driven by respondent 2 in the petition. When the bus was going on its proper side, a 'KSRTC` bus dashed against the said bus as a result of which Smt. Sharadamma and Shri Malleshappa, the passengers in the private bus, sustained injuries. Smt. Sharadammia died as a result of the injuries sustained. Shri Malleshappa, the injured, sustained fracture of the right collar bone. The husband of deceased Smt. Sharadamma instituted Miscellaneous (MVQ Case, No. 6 of 1978 claiming compensation of Rs. 50,000/- from the respondents viz., the owner, the driver and the insurer of the private bus. Similarly, the injured person viz., Shri Malleshappa, claimed compensation of Rs. 55,0001- from the same respondents.

(3.) The original respondents resisted the claim and submitted that the negligence was not proved on the part of the driver of the private bus but it was the 'KSRTC' bus that came and dashed against the private bus and, as such, the accident was the result of the rash and negligent driving of the 'KSRTC' bus by its driver. Subsequently, the driver and the owner of the 'KSRTC' bus were made as parties viz., respondents 4 and 5. They also filed their written statement denying their liability.