UNITED INDIA INSURANCE CO LTD Vs. MOHAMMAD YUNUS

JUDGEMENT

(1.) This appeal is directed against the award dated 27.8.90, in Motor Claim Case No. 174 of 1989 by Second Additional Motor Accidents Claims Tribunal, Seoni, awarding compensation of Rs. 79,100, under section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' for short).

(2.) Relevant facts stated in brief are that the claimant-respondent No. 1 was travelling by bus No. MPK 6370 on the date of accident, i.e., on 18.7.1987. At the time of accident, the said bus was being driven by the respondent No. 2 Hamidulla and was owned by respondent No. 3. The appellant admittedly is the insurer of the said vehicle. The said bus while going from Seoni to Dharan met with an accident near village Gokulpur. The claimant-respondent No. 1 suffered injuries and permanent disability.

(3.) The claimant-respondent No. 1 in his petition under section 110-A of the Act averred that the accident occurred on account of rash and negligent driving of the bus by driver, respondent No. 2 Hamidulla. The claimant-respondent No. 1 suffered grievous injuries on his shoulder for which he had to undertake long treatment. Though the claimant-respondent No. 1 detailed various heads of compensation totalling Rs. 4,69,000, however, claimantrespondent No. 1 only prayed for being awarded a sum of Rs. 2,00,000 as compensation.