VISHNU TUKARAM KUMBHAR Vs. SITARAM BHAGWANT NAIK

JUDGEMENT

(1.) HEARD learned Counsel for the appellants as well as learned Counsel for respondent No. 2. Respondent No. 1 is duly served.

(2.) FOR the reasons briefly Indicated hereinafter, we modify the impugned order dated 4th October 1994 as under : The application under Section 140 of the Motor Vehicle Act, 1988 is hereby granted and an amount of Rs. 25,000/ - is awarded to the claimants. The liability of the owner of the bus, that is, Kadamba Transport Corporation bus No. GDX -95, that is respondent No. 2 as well as the liability of the owner of the scooter bearing No. GA -02/6/3/57, that is, claimant No. 1, shall be joint and several. The claimants shall be at liberty to recover the entire sum of Rs. 25,000/ - from either of the vehicle owners. It is hereby clarified that the direction for apportionment of the liability contained in the impugned order dated 4th October, 1994 is deleted in view of the clear provision of law contained in Section 140(1) of the Motor Vehicles Act, 1988. The Court is informed that the respondent No. 2 has deposited a sum of Rs. 12.500/ - with the Motor Accident Claims Tribunal, South Goa at Margao. The claimants shall be at liberty to withdraw the said amount. The claimants shall be also at liberty to recover the balance of the amount from either of the owners of the two vehicles indicated above in accordance with law.

(3.) IN these circumstances we have modified the order under appeal. No. order as to costs.