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7. The objections of the Respondent Nos.3 & 4. It has contended that, the petition is bad for mis­joinder of necessary parties since the charge sheet is filed against the driver of the Omni Car and the petition is also against the same vehicle. The KSRTC bus bearing Reg.No.KA­04­F­0532 was insured with New India Insurance Co. Ltd., as on the date of accident. The KSRTC bus which had broken down was parked to the extreme left side of the Road with all precautions. After the same information was passed on to the KSRTC workshop at Bangalore a Wrecker was sent. But meanwhile the Omni Car bearing Reg.No.KA­40­M­8505 came from behind in a rash and negligent manner and SCCH-25 dashed against the deceased and caused the alleged accident. There is no nexus between the death of Sundaraj and the KSRTC Bus bearing No.KA­40­F­0532. This respondent has also deposited a sum of Rs.4,98,800/­ before the competent court under the workmen's compensation Act as the deceased was an employee of the corporation and this respondent is entitled for the said amount. Hence, prayed for dismissal of the petition.

8. The objections of the Respondent No.5. It has contended that there was no negligence on the part of the KSRTC Bus bearing No.KA­40­F­0532. It has admitted the issuance of policy in favour of the KSRTC bus. The petition is bad for non compliance of Sec.134 and 158(6) of the MV Act. The petitioners are the major children of the deceased and they were not depending on the deceased. It has also contended that since the charge sheet is filed against the Omni Car owner and the insured, there is no liability on SCCH-25 the part of the driver of the KSRTC Bus and the insurer. Hence prayed for dismissal of the petition.

On the other side, the Respondent No.2 examined himself as RW.1 and got marked Exs.R.1 to R.6. The Respondent No.1 got examined Sri.Chandrakumar R. ­ Traffic Controller, Depot­2, KSRTC, Bangalore as RW.2 and got marked Exs.R.7 to 18. It has also got examined Sri.Nagabhushan K - Depot Manager, Bidadi Depot as RW.3 and did not mark any documents. The Respondent No.2 also got examined Mr.Nagaraj ­ Admin, Jeevan Hospital, Chikkaballapura, as RW.4 and got marked Exs.R.19 to 21. The Respondent No.1 got examined Mr. G. Ramaiah - Depot. Manager, Bagepalli Depot, Chikkaballapura as RW.5 and got marked Ex.R.22. It has also got examined Smt. Kavitha - Jr. Asst and Data Entry Operator, KSRTC, Bangalore Central Division as RW.6 and got marked Exs.R.23 to R.31 and also got examined Smt. Shwetha - AME, Bangalore Central Division, KSRTC as RW.7 and got marked Exs.R.32 to 36. Respondent No.1 got examined its official/Senior Executive SCCH-25 as RW.8 and got marked Exs.R.37 to R.41. The Respondent No.3 got examined Mr.Madhu ­ Driver of the Wrecker Bus as RW.9 and during his cross examination counsel for Respondent No.1 got marked Ex.R.42.

16. The Respondent No.1 i.e., the insurer of the offending vehicle has contended that there was no negligence on the part of the Omni Car. In order to prove the same, it has got examined the traffic Controller, Depot­2, KSRTC as RW.2 and got marked Exs.R.7 to R.18. It has also got examined the Depot Manager, Bidadi Depot at Chikkaballapura as RW.3 who has stated that as on the date of accident one Sri Ramaiah was the Work Superintendent of the Department. It has got examined Administrator of Jeevan Hospital, Chikkaballapura as RW.4 and got marked Exs.R.19 to 21. During the cross examination RWs.2 to 4 nothing SCCH-25 worthwhile is elicited. It has also got examined Ramaiah Depot Manager, Chikkaballapura as RW.5 and got marked Ex.R.22, who has stated that he gave the report to the KSRTC about the accident as per Ex.R.11. He has admitted the photographs of the Maruthi Van at Ex.R.22 and has also admitted that the Roof Top Corner and Wind Shield of the Car was damaged. He has stated that in the photographs relating to the KSRTC bus at Ex.R.22 the damages are not seen. However, there were scratch marks found on them. The Respondent No.1 also got examined the Junior Asst. & Data entry Operator at KSRTC, Bangalore Central Division as RW.6 and got marked Exs.R.23 to R.31. These are all documents relating to the pensionary benefits of the deceased. It has also got examined AME, Bangalore Central Division, KSRTC as RW.7 and got marked Exs.R.32 to R.36, those are the documents relating to the wrecker. During his cross examination by the counsel for the petitioner, he has stated that if the Wrecker was damaged it would have gone to the workshop.