The Oriental Insurance Co Ltd vs Chennappa Shettigar on 16 December, 2008
5. The Tribunal on critical analysis of evidence of
driver of lorry has held that indicator lamps were not
burning and he had not taken precaution to indicate
the presence of stationary lorry on the road. The
Tribunal following the decision of this Court reported
in 2009 ACJ 2600 (KARNATAKA) (Oriental Insurance
Co. Ltd. vs. Chennappa Shettigar and others) has held
that driver of Scorpio Jeep bearing No.MH-19-AE-
1188, as well as driver of lorry bearing No.KA-26-4103
were equally negligent for the cause of accident. The
above facts established from evidence on record would
justify the findings of Tribunal. Therefore, the
contention of learned counsel for insurance company
that driver of Scorpio jeep bearing No.MH-19-AE-1188
was guilty of absolute negligence and driver of lorry
bearing No.KA-26-4103 had taken all precautions to
indicate presence of a stationary lorry on road, cannot
be accepted. In the circumstances, there are no
reasons to interfere with the findings of the Tribunal.