MACHINDRANATH KERNATH KASAR Vs. D S MYLARAPPA

JUDGEMENT

(1.) WHETHER a driver who is not made a party before the Tribunal, but who is found responsible for causing the accident in question can claim compensation even though the insurer of the vehicle in question accepts the finding of the Tribunal and deposits the award amount and the said finding of the Tribunal has attained finality, is the question that is involved in this appeal.

(2.) TO state briefly, the appellant herein was the driver of the KSRTC bus, which was involved in an accident on 18. 4. 1995 and a collision took place between the KSRTC bus driven by the appellant and the truck CAM 6939 driven by its driver. Some of the passengers of the KSRTC bus were injured and the appellant herein was also injured in the accident Claim petitions were filed before the MACT Belgaum by the injured passengers as well as the appellant herein and the claim petition filed by the injured passengers were allowed and the appellant herein who was driving the KSRTC bus was held responsible for causing the accident. The KSRTC on its Part, accepted the said finding of the Tribunal and deposited the compensation awarded to the injured passengers and it did not prefer any appeal against the said finding of the Tribunal on the question of negligence on the part of the appellant-driver. The above facts are not in dispute between the parties. In other words, by accepting the finding of the Tribunal and not preferring any appeal, the KSRTC had in effect rendered the award of the Tribunal in those cases reached finality.

(3.) SO far as the claim petition filed by the appellant herein is concerned, the Tribunal recorded a finding that the driver of the KSRTC was responsible for the accident and therefore, dismissed the claim petition filed by the appellant Aggrieved by the dismissal of his claim petition, the driver of the KSRTC bus is in appeal before this Court.