DIVISIONAL CONTROLLER Vs. SHIVAPPA BASAPPA DHOLEHOLE

JUDGEMENT

(1.) The Divisional Controller, NWKRTC, North West Division, Hubballi has filed this appeal challenging the judgment and award made in MVC No.285/2014 passed by the Additional Senior Civil Judge & AMACT, Ranebennur (hereinfter referred to as "the Tribunal" for short) fastening liability on them to compensate the claimant.

(2.) The respondent herein filed a claim petition contending that on 7.1.2013, while he was travelling in Ape passenger auto bearing Reg.No.KA-27/A-6360 from Ranebennur-Halageri road, near upper Tunga channel, the NWKRTC bus bearing Reg.No.KA-29/F-763 driven by its driver in a rash and negligent manner, dashed against the said Ape passenger auto. Due to the said impact, the claimant sustained grievous injuries. Immediately after the accident, he was shifted to the Goverment Hospital, Ranebennur and took first aid treatment and then he was shifted to the Government Hospital, Harihar, wherein he took treatment as an inpatient for a period of 15 days and spent more than Rs.20,000/- towards medical expenses and another sum of Rs.20,000/- for follow up treatment. Due to the injuries sustained in the accident, he could not do the work, which he was doing prior to the accident. Hence, he filed claim petition seeking compensation of Rs.4,45,000/- with interest at 12% p.a.

(3.) In response to the notice issued by the Tribunal, appellant-NWKRTC filed written statement denying the entire averments made in the claim petition and alleged that the accident occurred due to the contributory negligence on the part of the driver of the Ape passenger auto. The owner of the vehicle was not made party to the proceedings and the claim petition is liable to be dismissed on the ground of non-joinder of necessary parties and sought for dismissal of the claim petition.