NEW INDIA ASSURANCE CO LTD Vs. OMPRAKASH

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 129 of 1981 (Kailashchandra v. Omprakash). This appeal is directed against the judgment and award dated 12.3.1981 of the Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 174 of 1979 whereby the claimant -respondent No. 1 has been awarded a compensation of Rs. 35,000/ - for sustaining injury resulting in the amputation of leg while alighting from the motor bus owned by respondent No. 3 and driven by respondent No. 2 with a further direction of entire amount to be paid by appellant insurance company.

(2.) THE brief history of the case is that claimant was travelling on the motor bus on 22.5.1979. He was alighting from the bus in village Mothla but the driver (respondent No. 2 here) without caring for as to whether the person has alighted down, moved the bus. The claimant because of the jerk came beneath the wheel resulting in the injury, fracture and thereafter amputation.

(3.) THE owner of the vehicle, i.e., respondent No. 3 in this appeal, has also filed an appeal challenging award which has been registered as Misc. Appeal No. 129 of 1981. Learned Tribunal has held respondent No. 2, driver and respondent No. 3, owner of the vehicle, jointly and severally liable for payment of the compensation amount and further held that since the vehicle was insured with the insurance company (appellant here -M.A. No. 106 of 1981) it will be liable to reimburse the whole amount.