BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. AJAY KUMAR SINHA, SMT. REETA PRASAD AND THE MANAGING DIRECTOR, KSRTC

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in all these appeals, they are clubbed together, heard and disposed of by this common judgment. The Branch Manager of United India Insurance Company Limited has filed these appeals challenging the common judgment and separate awards in MVC Nos. 9569/2008, 9939/2008, 1091/2009, 1092/2009, 1364/2009 and 1365/2009 dated 29.11.2010 on the file of the Motor Vehicles Accident Claims Tribunal, Bangalore.

(2.) THE above claim petitions are filed either by the legal representatives of the deceased persons or the injured persons in the accident, which had occurred on 13.10.2008. The claimants have filed the above petitions seeking compensation. The case of the claimants is that the deceased and the injured persons are the passengers in KSRTC Volvo Bus bearing registration No. KA -01 F -7383 (for short 'Volvo bus'). On 13.10.2008 at about 1.35 a.m. the said bus was driven by its driver cautiously and when it came near Mallappanahalli Gate, the driver of another bus belonging to the KSRTC bearing registration No. KA -07 F -1177 (for short 'KSRTC bus') came from the opposite direction at a high speed and in a rash and negligent manner and dashed against the Volvo bus. Due to the impact, many passengers travelling in both the buses died in the accident and many of them were grievously injured. Therefore, they have filed the above claim petitions seeking compensation.

(3.) THE appellant/insurer of the Volvo bus has filed the written statement admitting the issue of policy pertaining to Volvo bus. It is contended that the accident was not due to the rash and negligent driving of the Volvo bus. Hence, it is not liable to pay compensation. The Police have filed a complaint against the driver of the KSRTC bus and later, charge sheet was also filed against him.