NORTH EAST KARNATAKA ROAD TRANSPORT Vs. RACHAPPA

JUDGEMENT

(1.) IN this appeal, the n. E. K. R. T. C. , appellant, has challenged the correctness of the judgment and award dated 12. 4. 2001 passed by the M. A. C. T. III at Bellary.

(2.) IT was vehemently argued for the appellant that the Tribunal has committed an error in holding contributory negligence on the part of the driver of the appellant to the extent of 25 per cent when the evidence on record clearly establishes that the driver of the bus did not contribute to any extent for the accident and it was the driver of the lorry, who alone was responsible for the accident. It was further argued that at any rate, since the claimant-respondent No. 1 had kept his hand on the sill of the window, he could be held to have contributed for the accident and not the driver of the bus. On the other hand, for claimant-respondent no. 1, it was submitted that the claimant cannot be held responsible nor he could be said to have contributed for the accident, as held by this court in the decisions relied on by him in support of the impugned judgment and award. Similarly, the learned counsel for insurance company, respondent no. 3, supported the impugned award. Perused the records carefully.

(3.) THE only point that arises for consideration is: "whether the driver of the bus had contributed for the accident or not and, if not. whether the claimant had contributed for the accident or the driver of the lorry alone was responsible for the accident?