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2002 Supreme(Kar) 292

D.V.SHYLENDRA KUMAR, T.S.THAKUR
S. JAYARAM SHETTY – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
R.RAJAGOPALA REDDY, S.P.SHANKAR

THAKUR, J.

( 1 ) THIS appeal arises out of an order made by the Addl. M. A. C. T. , bhadravathi in M. V. C. No. 202 of 1996 whereby learned Tribunal has rejected the claim petition filed by the appellant seeking compensation for the injuries sustained by him. The Tribunal has taken the view that since the appellant was himself the owner of the vehicle involved in the accident, he was not entitled to claim any compensation as the accident had occurred because of the rash and negligent driving of his own driver. The appellant assails the correctness of that view and argues that even when he himself is the owner of the vehicle involved in the accident and even when the accident in question had occurred on account of rash and negligent driving of his own driver, he was entitled to maintain a claim as a third party. The controversy arises in the following circumstances: a private car bearing registration No. KA 14-M 749 owned by the appellant was on 7. 7. 1995, being driven by one Madhusudhan, a driver temporarily appointed by the appellant. Somewhere between Tumkur and Bangalore, the car dashed against a roadside tree resulting in grievous injuries to the occupants including the driver





























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