MANMATHAPPA VARAPPA HALKUDE Vs. BASAWRAJ SANGAPPA BELURE

JUDGEMENT

(1.) BOTH the appeals are directed against the judgment and order dated 5/12/1989 passed by the Motor Accident Claims tribunal (for short, the Tribunal) awarding compensation of Rs. 31,000. 00.

(2.) FIRST Appeal No. 198 of 1990 is filed by the owner of the motor vehicle who submits that the compensation awarded is excessive and exorbitant and further contends that the order limiting the liability of the Insurance Company to rs. 5,000/- was erroneous. First Appeal No. 210 of 1990 is filed by the injured for enhancement of compensation claiming that the amount of compensation is too low.

(3.) THE facts giving rise to these two appeals are briefly stated below. The appellant in First Appeal No. 198 of 1990 (hereinafter referred to as the owner) owns a motor vehicle a jeep bearing registration No. MAB-4054. At the relevant time, the owner himself was driving the jeep. The respondent No. 1 in First Appeal No. 198 of 1990 (hereinafter referred to as the injured) was travelling in the jeep as a gratuitous passenger and was sitting on the cleaner's side of the jeep. On 26th May, 1988, when the accident occurred, the owner and the injured were travelling in the jeep from village Deoni to Bider. At about 9 km. from the village Deoni near the crossing of Bider Udgir road, the owner took the jeep to the extreme left hand side of the road. The jeep was taken so much to the left that the left leg of the injured, which was protruding out, hit the milestone on the left hand side of the road causing a crush injury to the left leg. The injured was removed to the hospital where he was admitted as an indoor patient and was operated upon. After discharge, the injured filed the Claim Petition No. 9 of 1989 claiming compensation of Rs. 1,50,000/- from the owner. The respondent No. 2 insurance company was also joined as a party respondent. After recording the evidence, the Tribunal held that the accident was caused on account of the negligent driving of the owner. It, however, held that there was contributory negligence of the injured inasmuch as he had kept his left leg slightly outside the vehicle. The Tribunal assessed the total loss suffered by the injured at Rs. 50,000/- and reduced it by a fourth to Rs. 37,500/-, on account of contributory negligence of the injured. The Tribunal further reduced it to Rs. 31,000/- for lumpsum payment and awarded a compensation of Rs. 31,000/- to the injured. The Tribunal held that the insurance company was liable to the extent of Rs. 5,000/- under section 95 of the Motor Vehicles Act, 1939 (for short, the Act) and directed that the insurance company to pay compensation of Rs. 5,000/- out of the total compensation of Rs. 31,000/ -. Being aggrieved, the owner as well as the injured have filed these two appeals as mentioned above. Regarding Limitation :