ORIENTAL INSURANCE CO LTD Vs. KAKA RAM

JUDGEMENT

(1.) THESE 1st. Miscellaneous Appeals have been preferred u/s 173 of the Motor Vehicles Act, 1989 by the Insurance Co. and the driver -Radhey Sham appellant and are being disposed of by this common judgment being arising out of impugned order dated 27.4.1998 fastening the liability of Rs 50.000/ - to be indemnified by the appellant Insurance Co. and rest of the amount to be paid by Dewan Singh owner and Radhey Sham, driver of the vehicle jointly and severally.

(2.) FACTS of the case are that Bus No. JKQ -4641 while coming from Sudha Mahadev to Chennai on 10.6.1987 on its way, while giving pass to the vehicle coming from opposite direction, rolled down because of supporting wall to the road gave way and as a consequence thereof the bus rolled down into the nullah causing casualties and injuries to passengers. The claimants and the injured moved the claim petitions seeking compensation. The Tribunal after appreciating the evidence led by the parties has awarded compensation holding Oriental Insurance Company (for short hereinafter called as "Co.") liable to the extent of Rs 15,000/ - and rest of the amount to be paid by the owner Dewan Singh and driver Radhey Sham jointly and severally.

(3.) THE award of the Tribunal has been assailed before this court by the Insurance Co. and the driver. The driver has challenged the award on the ground that the accident is not caused because of his negligence. In order to make out, he is relying on the statements of Romesh Chander, Hans Raj, Kundan Lal besides his own statement. Another ground of his challenge is that the liability to satisfy the award should have been fastened on the company and the interest awarded by the Tribunal is excessive. The company has assailed the award on the ground that the interest granted is excessive and the liability of the company was not Rs 50.000/ - in view of mandate of section 95(2)(b)(ii) of Motor Vehicles Act, 1939.