THE DIVISIONAL MANAGER, NWKRTC Vs. YALLAWWA

JUDGEMENT

(1.) THE appellant - NWKRTC has preferred this appeal challenging the judgment and award passed by the Motor vehicle Accident Claims Tribunal -III, Bagalkot in fastening the liability on it, vide its judgment dated 27.05.2009 in MVC No. 330/2008.

(2.) THE appellant has challenged the above said judgment and award on the ground that the accident was not only due to the negligence on the part of the appellant's bus driver, but there were other two vehicles involved in the accident i.e., the lorry bearing its registration No. KA -19/AE -7767 and Tata Sumo bearing its registration No. KA -30/1197 which were also coming on the same road and hit the NWKRTC bus from behind, which was being driven by its the driver. It is contended that, though this contention is taken before the trial Court, the trial Court has committed a serious error in not taking into consideration this plea of the appellant and also not framing any issue to that effect and in fact strayed away by the evidence of the claimant and other witnesses and appeal documents and fastened the entire liability on the appellant, which is erroneous in nature. Therefore, considering the contributory negligence on other two vehicles, the trial Court ought to have directed the claimants to implead the owner and Insurance Company of those vehicles in order to ascertain whether there was any contributory negligence on the part of those vehicles in order to adjudicate the rights of the parties in proper manner and apportion the liability in accordance with law. Hence on the same ground, the appellant has approached this Court.

(3.) THE records disclose that the claimant by name Yallamma and others have filed the claim petition claiming compensation for the death of the deceased Ramappa who died in the motor vehicle accident occurred on 12.04.2008. The allegation made in the claim petition is that, on that particular day, the said Ramanna (Ramappa) along with his family members was travelling from Mangalore to Ilkal in the bus belonging to NWKRTC -appellant herein bearing its registration No. KA -29/F -848 and when the bus reached near Alvekodi village on NH -17 running between Kumata and Honnavar, the driver of the bus drew the vehicle in rash and negligent manner in a high speed and dashed against the lorry coming from the opposite direction bearing its registration No. KA -19/AE -7767 and due to the impact of the accident, the said Ramappa succumbed to the injuries.