BADRILAL Vs. KAMLABAI

JUDGEMENT

(1.) THIS appeal has been filed against the award dated December 21, 1989, passed by the Member, Motor Accidents Claims Tribunal, Mandsaur, in Motor Accidents Claim Case No. 55 of 1987, whereby the learned lower Tribunal has awarded Rs. 13,300 as compensation to the appellant with interest, but has absolved respondent No. 2, the insurance company, from the liability to pay the compensation.

(2.) THE facts leading to this appeal, in short, are that the appellant-claimant filed a claim petition before the lower Tribunal claiming Rs. 50,000 as compensation against the respondents on the allegation that, on 30th May, 1985, at 9. 30 a. m. bus number CPF 9233 owned by respondent No. 1 and driven by the driver, Manju Khan, rashly and negligently dashed against the claimant causing injuries to him due to which the appellant has become permanently disabled. Therefore, the claimant claimed compensation of Rs. 50,000 under different heads.

(3.) RESPONDENT No. 1 resisted the claim on the ground that although she is the owner of the bus in question and it was driven by her driver, Manju Khan, at the time of the accident and that it was insured with the insurance company, respondent No. 2, however, there was no negligence on the part of the driver. The accident occurred due to the fault of the claimant because he tried to cross the road even after seeing the bus in question. It was also averred that the claimant had given in writing that the accident was caused due to his own fault. The insurance company denied the fact that, at the time of the accident, the vehicle was insured with it.