CHHABDA BUS SERVICE SENDHWA Vs. RANG PANCHAM

JUDGEMENT

(1.) THIS it an appeal under Section 110-D of the Motor Vehicles Act by the owner of the offending vehicle against the award of Rs. 20,000/- as compensation to the claimant-respondent No. 1. The respondent-Insurance Company has filed the cross-objection under Order 41 Rule 22 of the Code of Civil Procedure.

(2.) ON 11-10-1980 at about 7-30 A.M. bus MPN 7123 while it was driven by respondent No. 2 Jagdish, violently dashed against respondent No. 1 as a result of which he sustained fractures of both the legs and injuries on other parts of the body. Despite adequate treatment the fractures could not heal up properly and therefore, he is permanently disabled. He claimed Rs. 31,000/- as compensation pecuniary and non-pecuniary both. Respondent No. 2 driver remained ex-parte. The appellant/owner submitted that the bus was at the relevant time driven by Jamin alias Mohd. Ishaq and not by respondent No. 2. It also denied that there was rash and negligent driving. According to it, the claimant himself dashed against the bus.

(3.) THE Claims Tribunal held that the bus was driven by respondent No. 2 rashly and negligently and dashed against the claimant, which resulted in serious injuries. Therefore compensation of Rs. 20,000/- with interest at the rate of 12% per annum from 6-4-1981 till realisation and in the event of deposit of the amount on 2-7-1983 interest at the rate of 6% per annum was awarded. Aggrieved by the said award, the owner of the vehicle has come up in appeal while the Insurance Company lodged the cross-objection.