LAWS(KAR)-2015-4-413

UNITED INDIA INSURANCE CO LTD Vs. G KRISHNAMURTHY

Decided On April 07, 2015
UNITED INDIA INSURANCE CO LTD Appellant
V/S
G Krishnamurthy Respondents

JUDGEMENT

(1.) THESE appeals have arisen out of the same accident. MFA Nos.9229/11 & 9227/11 are filed by the United India Insurance Company Limited (arrayed as IIrespondent before the Tribunal). MFA Nos.1807/2012, 1275/12 and 4541/2011 are filed by the claimants in MVC Nos.8227/07, 8228/2007 & 609/2008 for enhancement of compensation. MFA Nos.4922/2012 & 4921/2012 are filed by the BMTC for saddling the liability on the Insurance company (arrayed as 4th respondent before the Tribunal).

(2.) I have heard Sri.S.V.Hegde Mulkhand, learned counsel for United India Insurance Company Limited, Sri.D.Vijayakumar, the learned counsel for BMTC, Sri.B.Pradeep, the learned counsel for IFFCO -TOKIO General Insurance Co., Ltd., Sri.M.R.Kumaraswamy and Sri.Sumanth L.Bharadwaj, the learned counsel for claimants.

(3.) IN MFA Nos.9229/11 and 9227/11, the Tribunal has apportioned contributory negligence in the ratio of 80:20 amongst the driver of bus bearing registration No.KA -05 C -509 (run by BMTC) and driver of private bus bearing registration No.KA -04 AB -7317.