ORIENTAL INSURANCE CO. LTD. Vs. MASTER SIDDARTH BHARATH

JUDGEMENT

(1.) HEARD the learned counsel appearing for all the parties.

(2.) THREE claim petitions were lodged before the MACT, Bangalore, claiming compensation on account of death of Vaidehi and on account of the injuries sustained by the claimants Siddarth Bharath and Goutham Bharath in an accident that occurred on 5 -5 -2004 near Gundlupet on Ooty Bangalore road. It is the case of the parties that at about 11.00 a.m. on 5 -5 -2004 the claimants Siddarth and Goutham and deceased Vydehi were travelling from Oooty towards Bangalore in a car bearing No. KA 01 MA 1305. When the car was near ITI College, Gundlupet, on Ooty Bangalore Main Road the accident occurred. According to them, the bus/bearing No. KA 03 4050 was proceeding from Mysore towards Gundlupet due to head on collusion the accident occurred. Therefore, the claim petitions were lodged against the owners of the Insurance Company of both the vehicles.

(3.) IT is the specific contention of Mr. Krishna Swamy, the learned counsel appearing for the appellant that the tribunal while considering Ex. P -3 the spot Mahazar Ex. P -4 the sketch prepared by the police during the course of the investigation, without there being any evidence of the driver of the car has wrongly held that the accident occurred due to the contributory negligence of the driver of both the vehicles. Taking us through Exs. P -3 and P -4 he contends that the car was proceeding from Ooty towards Gundlupet from South to North and the bus was proceeding from Mysore side from North to South the accident has taken place on the Eastern extreme left edge of the road. According to him, the width of the road is 25 feet. The bus was on the eastern side. When the car was coming from opposite direction if the width of the road was 25 feet there was no need for the driver of the car to take the vehicle to the extreme right side, since the tribunal did not consider that there was no other go for the driver of the bus than to take the vehicle to his further left, as the left side wheels of the bus were on the footpath. Therefore he contends that the finding of the tribunal on the question of negligence has to be set aside.