SURESH KUMAR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This order shall also dispose of the Misc. Appeal No. 199 of 1981 (M. P. State Road Transport Corporation and another v. Suresh Kumar and others), as both these appeals are directed against the award dated 9-5-81 passed by the 3rd Addl. Motor Accidents Claims Tribunal, Indore in Claim case No. 210 of 1979.

(2.) The facts giving rise to these appeals are as follows : Passenger Bus No. MPN 7311 is owned by Pradipkumar son of Tajkaran. On the date of incident it was being driven by the non-applicant Babulal son of Banshilal in the course of his employment with the non-applicant No. 1. It was insured with the non-applicant No. 3 the United India Fire and General Insurance Co. Ltd.. Passenger Bus No. C.P.H. 8338 is owned by the non-applicant No. 4 M. P. State Road Transport Corporation and on the date of the incident it was being driven by the non- applicant No. 5 Patiram Sharma in the course of his employment with the non- applicant No. 4. The claimant was travelling in Bus No. M.P.N. 7311 from Indore to Ujjain on 18-6-79. When the Bus reached near Sanwer Bus No. C.P.H. 8338 came from the opposite direction and dashed against Bus No. MPN 7311. The claimant was injured in the accident. He sustained compound fractures of radius and ulna of his right hand and the bone of his right thumb was also fractured. The claimant filed an application under Section 110A of the Motor Vehicles Act claiming compensation for the injuries sustained by him in the accident against the non-applicants. According to him the accident was caused on account of the negligence of the drivers of both the Buses in driving the Buses in the course of their employments with the owners of the Buses. 2. The non-applicants contested the claim.

(3.) The Tribunal held that the accident was caused on account of the negligence of the drivers of both the Buses and therefore the non-applicants jointly and severally were liable to pay a sum of Rs. 21454/- as compensation with interest at 6% p.a. from the date of application till payment Aggrieved by the inadequacy of the amount awarded by the Tribunal as compensation the claimant has preferred appeal which is registered as Misc. Appeal No. 192/81. The non-applicant No. 4. Corporal ion has also preferred appeal against the award of the Tribunal which is registered as Misc. Appeal No. 199 of 1981. Both the appeals were heard together.