KANAIYAL LAL Vs. RAJENDRA SINGH FARSUWAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant with a prayer to set aside the judgment and award dated 07-04-2000 passed by Motor Accident Claims Tribunal, Chamoli (hereinafter will be referred to as the Tribunal) so far as it relates to the appellant for payment of Rs. 20000/- to respondent No. 1-Rajendra Singh Farsuwan along with 10% interest from the date of judgment till the date of its payment.

(2.) BRIEF facts of the case-giving rise to the present appeal are that on the date of occurrence i. e. on 26. 6. 1995, the claimant was coming from Rudraprayag by Bus No. U. P. 06-1168. At about 2-15 pm driver of bus No. U. P. 05-0161 dashed the bus no. U. P. 06-1168 by driving it negligently and due to accident, he sustained grievous injuries and thereafter he was taken to Rudraprayag P. H. C and later on he was shifted to Dehradun for treatment and he was admitted in the military hospital. It was also stated that at the time of filing of the claim petition, the injured-Respondent No. 1 was under treatment. It was further pleaded that due to the injuries he was released from the service treating it the disability and he became permanently disable, therefore, compensation amounting to Rs. 1,50,000/- was sought.

(3.) BOTH the owners of the bus as well as the Insurance Company filed their respective written statements. In the written statement filed by the owner, it was stated that the accident took place due to rash and negligence driving by the driver of the Bus and accordingly they shifted the liability on each other.