ORIENTAL INSURANCE COMPANY Vs. AJIT NIRKHE

JUDGEMENT

(1.) BOTH these appeals arise against the same judgment dated 9.12.95 passed by Third Addl. Member Judge, Motor Accident Claims Tribunal, Shivpuri, in Claim Case No. 12/95, whereby the Claims Tribunal has awarded an amount of Rs. 2,95,000 plus interest thereon and Counsel fee Rs. 5,000 to the claimant. Appeal No. 503/97 is filed by the Insurance Company, while Appeal No. 507/97 is filed by the owner of the vehicle. In these cases cross-objection is also filed by the claimant.

(2.) BRIEF facts of the case are that the claimant was travelling in a bus No. MBU 678 which was going from Shivpuri towards Indore. When bus crossed Kolaras the bus met with an accident in which the claimant get injured. The claimant was student of Veterinary College, show studying in the first year. In the said accident he got injury on his head and fell unconscious. He remained unconscious for three months. Subsequently, he recovered but his mental condition was disturbed. He lost his memory. His eyesight was weakened in the accident and practically he became a person of unsound mind.

(3.) INSURANCE Company has filed an appeal on the ground that the appellant being a third party the risk of the Insurance Company is limited to Rs. 50,000 only and for the remaining amount Insurance Company cannot be held liable. The owner of the vehicle in his appeal has challenged the amount of quantum.