C. KUMARASWAMY Vs. RELIANCE GENERAL INSU. CO. LTD.

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 7/1/2014 passed in M.V.C.No.230/2012 on the file of the II Additional Senior Civil Judge and Additional MACT-V, chitradurga ('the Tribunal' for short).

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.1.

(3.) The main contention of the learned counsel appearing for the appellant is that this appellant was working as a Conductor in a KSRTC bus and the accident was occurred due to the negligence on the part of the driver of the lorry who has parked the same on the left side of the road in the national highway where there was no provision to park the vehicle and the same has not been considered by the Tribunal while considering the matter and fastened the apportionment of contributory negligence to the extent of 50% in respect of KSRTC bus and the driver of the lorry has not been examined and the driver of the KSRTC bus also not examined and inspite of it the Tribunal has committing an error in taking the contributory negligence on both the sides.