UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHETIKAM NAGAMANI

JUDGEMENT

(1.) Award passed in favour of Respondents 1 to 5 who are the legal representatives of the deceased victim in a motor vehicle accident, caused by the driver of the bus belonging to the 8th respondent, is challenged by the insurer of the said bus, on the ground that the deceased was not a passenger in the vehicle and that he did not die as a result of the accident caused by the use of the bus.

(2.) The case of Respondents 1 to 5 is that when the deceased was about to board the bus, 7th respondent, the cleaner of the bus, negligently dropped a bag of 'karivepaku' from the top of the bus, which fell on the deceased and resulted in his death. The Tribunal having observed that the death of the deceased was due to the careless dropping of the 'Karivepaku' bag from the top of the bus by the employee of the owner, held that the owner of the bus is vicariously liable, and consequently made the insurer of the bus also liable to pay the compensation payable.

(3.) Contending that dropping of a bag from the top of the bus does not amount to an 'accident caused by the bus' the insurer filed this appeal.