K MIR ALTAF HUSSAIN Vs. BIBIMOHARA

JUDGEMENT

(1.) This appeal is filed by the owner of the Bus hearing No. MYT 3722 against the Judgment and Award dated 10.11.81 passed by the Motor Accidents Claims Tribunal, Dharwad. in M.V.C. No. 437/ 79, awarding compensation of Rs. 30,200/- to the wife and children of the deceased Mohammed Ghouse Sunkad.

(2.) It is the case of the claimants that on 24.6.79 at about 12.30 p.m.. one Mohammed Ghouse Sunkad, the deceased, was killed when a Bus in which he was travelling on Hangal Gondi road met with an accident. Along with him a number of passengers in the bus were injured. His wife and children filed a petition claiming compensation of Rs. 77,000/- as detailed in para-22 of the petition. According to them, the deceased was only 38 years old, he was doing business in purchase of parched rice and also running a tailoring establishment. His monthly income from both the sources was Rs. 1000/-. Respondent-1 is the owner of the bus, who resisted the claim on the ground that the accident was not due to the rash and negligent driving of the bus and he is not liable to pay any compensation. In the alternative, he contended that the compensation claimed is on the higher side Respondent-2 is the driver, who was driving the bus at the time of the accident. Respondent-3 is the Insurance Company with whom the vehicle was insured. The 1st Respt. also resisted the claim that in case the liability to be passed on to him, the amount is payable by the insurance Company and not by himself. But the insurer contended that his liability is limited to only Rs. 5.000/- as contemplated in Section 95{2){b) of the MOTOR VEHICLES ACT, 1939. On these pleadings, the following issues were framed:

(3.) Petitioner No. 1 examined P.Ws. 1 to 3 and got exhibited the documents Exts. P.1 to P.30. No evidence was lead on behalf of the respondents. The Tribunal appreciating the evidence on record held that the accident was due to rash and negligent act of the Driver of the bus in question and awarded compensation of to the claimants along with interest even, and limited the liability of the Insurance Company to Rs. 5,000/-. Aggrieved by the said Award, the owner of the bus has preferred this appeal and the wife and children of the deceased have filed their cross-objections and prayed therein that the compensation awarded to them is on lower side.