Karnataka High Court
The National Insurance Co Ltd vs Rihana on 3 February, 2009
in appeal challenging the liability on the ground of
negligence.
3. The driver of the auterikshafi
cempiaint to the poiiee agaj.ns:....t1_1e d--z'i§ie1'.: »
The police after investigatie£;« fexiilcci the
aceicient had 0eCmTed ._$e1e1y en Vacee1';1:1"t-~w...ef the'
negligence of the ,.auto. scene of
firoceedings on its
left side. to West. The ante,
has taken deviation
and some fight side i.e., Southern side of
mg: ~read. pm of impact is about 13 ft. from
VV""'fl"é1e road width is 30 Fe. '§'he Tribunal
_ the auto was traveiiing on the right side
ef--- the The contents of the FIR and the scene of
V A. eijfezicie disclese that auto was en its extreme right side
that the accident oeeurreé semi}; on account ef the
negligence ef the auto driver. Contra finding of the
Tribunal in this regard is set-«aside. Since there is me
negligence on the part of the driver of the": "the
insurer of the bus is mzet liable to pay any <:{;i:1pe:is§éii;i&3_13,A"»
The compensation awarded ;~'.'Iié11- b_e _ p;__g§,}§§Ei.c by: {he '
owner of the auto. The appeafis ;Eil1£)W€d5
in deposit shali be refundkec:%f:;:%t2ze k
....
mm