National Insurance Co Ltd vs Sri Thimmegowda @ Anil Kumar on 18 August, 2022
Further, in the judgment of this Court in the case of
New India Assurance Co., Bangalore v. Jayashree
alias Laxmi & Ors. reported in AIR 2009 (NOC)
2243 (KAR.); 2009(4) AIR KANT HCR 193, it was
evidenced that no attempt was made by the driver or the
person in-charge of vehicle to stop passengers from
traveling on the roof top of the bus. Therefore, the
Insurance Company was held liable to pay the
compensation. Further, it is stated that if the persons are
traveling on the roof top of the bus as per Section 123 of
MV Act, which attracts penal provision but that cannot be
alone to make ground to exonerate the Insurance
Company because the driver and conductor knew very
well that the deceased was traveling on the roof top of
14
the bus and there was no attempt made by them to stop
the deceased to travel on the roof top of the bus.
Therefore, it was held that driver and conductor were
rash and negligent in causing the accident. Therefore,
the entire negligence attributed on the part of the driver
and conductor of the bus. Under these circumstances, it
was held that there is no contributory negligence by the
deceased.