High Court Karnataka High Court

The National Insurance Co Ltd vs Rihana on 3 February, 2009

Karnataka High Court
The National Insurance Co Ltd vs Rihana on 3 February, 2009
Author: K.Sreedhar Rao S.N.Satyanarayana
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