DIVISIONAL MANAGER Vs. KUMAR CHANNABASU

JUDGEMENT

(1.) The present appellant- Insurance Company was respondent No.3 in the Tribunal below. The present respondent No.1 was the claimant in the Tribunal below.

(2.) The summary of the case of the claimant in the Tribunal below was that, on 24.12.2005 at about 3.15 pm, the claimant, minor in age, along with his mother while returning from Kolahalli after attending a fair (Jatra) in auto rickshaw bearing registration No.KA-48/147 on Yaragatti - Ramadurga road, near Saidappa Maddannavar farm house, a KSRTC bus bearing registration No.KA- 29/F-600 being driven by its driver in a rash and negligent manner, dashed the side of the body of auto rickshaw, due to which accident the claimant sustained injuries. It is the further case of the claimant that he took treatment in different hospital for which he spent more than Rs.20,000/-. In his claim petition, the claimant has stated that the accident took place due to the rash and negligent driving of the driver of the bus as well the auto rickshaw. Stating so, he has claimed a total compensation of a sum of Rs.5,00,000/- holding the Corporation of the bus, owner and insurer of the auto rickshaw as the respondents 1, 2 and 3 respectively before the Tribunal.

(3.) Learned counsel for the appellant - Insurance Company in his argument vehemently submitted that the complaint as well as the charge sheet filed in the criminal case pertaining to the accident clearly mentions that the driver at fault was the driver of the bus, but not of the auto rickshaw. As such, the Tribunal ought to have fastened the negligence at 100% upon the driver of the bus and saddled 100% liability on the Corporation of the bus, which is respondent No.2 herein.