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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 146 , Section 147 , Section 149 , Section 168

Karnataka Motor Vehicles Rules, 1989 - Rules 235 and 232 - Claim petition - KSRTC bus collided against a truck - Driver of the bus sustaining injuries - Claim by the appellant-driver of the bus against the driver of the truck alleging negligence on his part - Claim petition dismissed finding that the driver of the bus was himself negligent - Under the Motor Vehicles Act both driver and owner would be jointly liable - If accident caused by the negligence of the driver of the offending vehicle, driver would primarily be liable for payment of damages and owner of the vehicle would be liable for permitting the use thereof - Provisions of section 168 of the Act oblige the Tribunal to specify the amount which is payable by the driver and owner of the vehicle - It shows that impleadment of the driver of the offending vehicle is necessary - Appellant not impleading the driver of the truck in the claim petition - No infirmity in the order of Tribunal as maintained by the High Court - Appeal dismissed.

Topic(s)-Motor Accident Claim , Compensation

Important Decision(s)- If accident caused by the negligence of the driver of the offending vehicle, driver would primarily be liable for payment of damages and owner of the vehicle would be liable for permitting the use thereof.