ARUN KUMAR THAPAR Vs. YASHWANT INDAPURKAR

JUDGEMENT

(1.) This order shall govern the disposal of both the appeals, viz., Misc. Appeal Nos. 599 and 609 of 1997.

(2.) Misc. Appeal No. 599 of 1997 is filed by the claimant for enhancement of the compensation whereas Misc. Appeal No. 609 of 1997 is filed by the owner of the vehicle claiming therein that there should be joint liability of the State Bank of India and the owner of the vehicle for payment of compensation.

(3.) Brief facts of the case are that the appellant in M.A. No. 609 of 1997 is the owner of the jeep bearing registration No. CPW 100. This jeep was hired by the State Bank of India on a written agreement, Exh. D-2. As per the term of the agreement, the vehicle was taken on hire at the rate of Rs. 1,200 per month by the bank on the conditions enumerated in the agreement Exh. D-2. On 31.5.1982 when the claimant along with one Om Prakash Jain was travelling from Gwalior to Delhi in his car bearing registration No. CPW 179 when the car has proceeded about half kilometre from Rairu Petrol Pump, jeep bearing registration No. CPW 100 dashed against the car. Jeep was driven in a rash and negligent manner. This accident caused injuries to claimant and damage to the car. Claimant had suffered a fracture in the socket of femur bone of the left leg and injury in the head. The claimant was operated upon at Delhi. He remained immobile and confined to bed for a period which caused him loss in his business. Claimant had claimed that he had suffered permanent disability in his left leg and claimed a compensation of Rs. 6,96,000. Claim was denied. Owner of the vehicle/jeep submitted that since the vehicle was in possession of the bank, therefore, at the relevant time bank was the owner of the said vehicle and the bank is liable to pay the compensation.