KACHARMAL KISHANLAL MAHAJAN Vs. CHAINRAM KISHANLAL MAHAJAN

JUDGEMENT

(1.) THIS is an appeal filed by the owner and the driver of the offending bus No. MPU 5006 against the award dated 29. 1. 1982 passed in Claim Case No. 7 of 1977 by the Motor Accidents Claims Tribunal, Mandsaur, whereby the claimant has been awarded an amount of Rs. 3,622. 20 as compensation.

(2.) THE claimant-respondent Chainram filed the instant claim petition for compensation amounting to Rs. 17,324. 05 before the Claims Tribunal, against his brother Kacharmal, owner of the bus bearing registration No. MPU 5006 and its driver and the insurance company which had insured Kacharmal against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the said bus in a public place, on the ground that the driver had reversed the bus rashly and negligently and dashed against the claimant's bus causing damage to that bus. The claimant alleged that as a result of the accident, his bus, which was being plied on the route in competition with Kacharmal's bus No. MPU 5006, remained out of use for nine days causing loss of income to the claimant for that period and that the claimant had to pay the repairing charges of his bus. The claim was resisted by the appellants, owner and driver as well as the insurance company, respondent No. 2.

(3.) AFTER trial, the learned Tribunal found that the driver of the offending bus No. MPU 5006 caused the damage to the claimant's bus due to rash and negligent reverse driving of the offending bus MPU 5006 which dashed against the claimant's bus.