DIVISIONAL CONTROLLER NEKRTC Vs. NAMDEV

JUDGEMENT

(1.) These two appeals are filed by the insurer and the claimant being aggrieved by the judgment and award dated 22.09.2017 passed in MVC No.2128/2014 by the II Addl. Senior Civil Judge and MACT VII at Vijayapura.

(2.) The brief facts of the case are as follows:

(3.) In pursuance to the notice respondent appeared before the Tribunal and filed his written statement. He denied the entire contents of the petition and he has denied the accident, involvement of the vehicle and its liability. The driver of the bus was driving the same in cautious and in normal speed following traffic rules but the driver of the auto rickshaw came from backside driven by its driver in great speed, rash and negligent manner and took his auto on the left side after overtaking the bus and in that event dashed to the bus. Therefore, the accident occurred due to the fault of the auto rickshaw driver. He has denied the age, occupation and earning of the petitioner. Owner and insurer of the auto rickshaw are necessary parties. Hence, petition be dismissed.