GAURISH TRANSPORT Vs. PEDRO SALVADOR

JUDGEMENT

(1.) THESE Appeals are preferred against the decision of the learned Member of the Motor Accidents Claims Tribunal, Raigad, Ratnagiri, in Accident Claim Case No. 55 of 1980. By the impugned judgment and order, the Tribunal ordered that the Applicant do recover the sum of Rs. 3 00,000/- along with interest at 10 per cent per annum thereon from the date of the Application till the amount is paid to him jointly and severally by the Opponents. However, it directed further that the liability of Opponent No. 4 (to the Application) was limited to Rs. 50,000/-.

(2.) TWO Appeals have been preferred from the judgment of the Tribunal delivered in favour of the Applicant on 23rd January 1984. First Appeal No. 247 of 1985 is preferred by the owners of the truck which was involved in the accident. As the owners of the truck had insured their vehicle only for limited liability Policy whereunder the liability of the insurer is limited to Rs. 50,000/- under the decree of the Tribunal, the owners of the Transport Company would be liable to pay to the Applicant on execution the full balance amount. The other Appeal viz., First Appeal No. 203 of 1985, is preferred by the owners of the luxury bus which was also involved in the accident. However, as they have taken out full insurance and not restricted, it is in fact their insurer who is prosecuting the Appeal.

(3.) SOME of the pleas are special to the owners of the truck, whereas some are common to both the owners of the truck as well as the owners of the luxury bus.