BHIMSEN Vs. VIMLADEVI

JUDGEMENT

(1.) THIS Miscellaneous appeal under Section 110-D of the Motor Vehicles Act (for short, the Act) by the owners and driver of the vehicle, is directed against the award 21-3-1986, passed by the Member, Motor Accident claims Tribunal, Ujjain, in claim Case No. 25 of 1983, thereby awarding Rs. 62,596.35 as compensation.

(2.) THERE are cross-objections filed by both, the Insurance Company as well as the claimants. Claimants have prayed for enhancement of rate of interest from 6% to 12% on the amount as awarded by the Tribunal.

(3.) THE Tribunal has noted that it was never the case of the non- applicants, the present appellants, that the bus in question, at the time of the accident, was being driven by one Aziz, Zafarbhai, witness No. 2 for the non-applicants tried to suggest that while the bus was taken to a garage for repairs of its seats, it was driven by Aziz. He has stated that at that time he was driving the bus of one Om Babu and was never in service of Krishnadas, the appellant; whereas Krishnadas in his evidence has stated that Zafarbhai was in his employment for the last 3/4 years (prior to the accident), and it was Zafarbhai, who had taken the bus to the garage. This witness Zafarbhai was confronted with a direct question whether on the day he had taken the bus for carrying the workers of Shri Synthetics, for which the bus was engaged and was being plied by the appellants, doing many trips during the course of the day. The witness Zafarbhai has admitted that he had taken the labourers during the day but he also added that there was another driver for the night trips. The proprietor of the garage Bashir in his evidence stated that it was Zafarbhai, who had brought the the vehicle for repairs to his garage, although he could not say with precession the date or day on which it was so brought. In his cross- examination he admitted the position that the bus was being driven by Zafarkhan.