BALUBHAI HIRJI GAJJAR Vs. SURESHKUMAR NATHURAM

JUDGEMENT

(1.) THESE two appeals Misc. First Appeal No. 48/67, (Balubhai v. Smt. Sarjubai)and Misc. First Appeal No. 103/67, (Smt. Sarjubai v. Balabhai) arise out of the award dated 2-5-1967 of the Motor Accidents Claims Tribunal Gwalior. They are, therefore, consolidated and the Judgment in Misc. First Appeal No. 48/67 shall govern the disposal of both these appeals.

(2.) THE Accidents Claims Tribunal, by award 2-5-1967, decreed a claim of Rs. 5,000. 00 in favour of Shrimati Sarju-bai and others against Balubhai (car owner), Switzerland General Insurance Co. (Insurer) and Dattu (car driver ). The claims Tribunal discharged Nanabhai, Manilal and Union Fire and General insurance Co. It was directed that the Insurance Co. would be principally liable equivalent Citation: for payment of the compensation amount.

(3.) MISC. First Appeal No. . 48/67 was preferred by Balubhai and others against the award of compensation of Rs. 5,000. 00. In this appeal, the appellants challenged the finding of rash and negligent driving fay driver Dattu as also the quantum of compensation awarded. They have also claimed that costs should have been awarded to the discharged non-applicants.