K JAYARAJA BALLAL Vs. ALFRED QUADRES

JUDGEMENT

(1.) This appeal is instituted by the original 1st respondent under Section 110-D of the Motor Vehicles Act, 1939 (to be hereinafter called the 'Act') against the judgment and award dated 16th Dec. 1975, passed by the Additional District Judge and Member, Motor Accidents Claims Tribunal South Kanara, Mangalore, allowing the petition and granting compensation of Rupees 5,500/- along with costs and interest to the claimant, 1st respondent.

(2.) The relevant facts relating to the present appeal are: The claimant Alfred Quadres, aged about 28 years was hit by a state carriage bearing No. MYX 7247 on 21-4-1974 at about 11-00 a. m near Coondapur as a result of which he was severely injured on his left arm and on the left side head. He instituted a petition before the Claims Tribunal claiming compensation of Rs. 30,000/- from the respondents alleging that the accident was the result of rash and negligent driving of the bus in question. Respondent-1 is the owner of the bus and respondent-2 is the insurer. Respondent-1 by his statement of objections contested the claim. According to him, the bus was not driven at the time of accident by the driver in the course of this employment under him and as such he was not liable for the compensation. Similar were the contentions raised by the insurance company.

(3.) On these pleadings the following issues were raised by the Tribunal.