NATIONAL INSURANCE COMPANY LTD Vs. MANOJ PRABHAKAR

JUDGEMENT

(1.) The appeal is filed by the second Respondent/Insurance Company against the award of compensation made in favour of the first Respondent/claimant. The first Respondent/claimant is the injured in the accident occurred at 8.00 p.m. on 07.08.2006 on Lalgudi to Trichy Road. The first Respondent filed claim petition seeking compensation of Rs. 4,00,000/-on the ground that the driver of the first Respondent/transport is, due to his rash and negligent driving, solely responsible for the accident, in the course of which, the claimant who was seated on the back seat of the bus thrown on the foot-board and sustained grievous injuries and incurred permanent disability which has affected his earning capacity. The claim of the injured is contested by the owner and the insurer of the vehicle by denying rash and negligent aspects and according to them, the injured was travelling on the foot-board at the time of the accident and fell down out of his own negligence and invited accident.

(2.) The Tribunal rejected the defence so raised on the ground that the driver and the conductor of the vehicle are duty bound to take care that no person is travelled on the running board, otherwise than the body of the vehicle and on the failure to exercise any reasonable care to warn him not to travel on the foot-board and to come and be within the body of the bus, has held the driver of the vehicle to be responsible for the accident and has fastened the entire liability upon the driver and the owner and the insurer of the vehicle. Aggrieved against the same, the second Respondent/Insurance Company has preferred the present appeal before this Court.

(3.) The only point urged before this Court is that the tribunal ought to have held the injured to be guilty of contributory negligence by reason of his travelling on the foot-board and ought to have accordingly apportioned the liability between the injured on one hand and the owner and the insurer of the vehicle on the other hand.