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2008 Supreme(Ker) 572

C.N.RAMACHANDRAN NAIR, HARUN-UL-RASHID
Prasanna – Appellant
Versus
Managing Director, K. S. R. T. C. – Respondent


Advocates Appeared:For the Petitioner:R.T. Pradeep, Advocate. For the Respondent: No Appearance.

Judgment :-

Ramachandran Nair, J.

Appeal is filed against the order of the MACT declining to grant compensation to the appellant for the injury sustained by her in a road accident. According to the appellant, accident happened when the driver of the KSRTC bus in which appellant was traveling, applied sudden break without indication to the vehicles following it and consequently a school bus that was following the KSRTC bus hit the bus in which the appellant was traveling leading to injury to her. Appellant rests her claim based on the Police case against the driver of the KSRTC bus. MACT however noticed that in the claim petition, the driver or owner of the school bus which hit the KSRTC bus leading to injury to the appellant, were not made parties. Besides this, MACT did not accept negligence alleged on the part of the KSRTC bus driver. Before us, counsel for the appellant read over the Police charge against the KSRTC bus driver wherein it is stated that the accident occurred on account of the KSRTC bus driver suddenly stopping the bus without giving signal to the vehicle following it. Even though notice is not served on KSRTC, we do not think any fresh notice is required because we

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