RAJASTHAN STATE ROAD TRANSPORT Vs. JUGAL KISHORE

JUDGEMENT

(1.) RAJASTHAN State Road Transport Corporation, Jaipur has preferred this appeal against the judgment and award of the Motor Vehicles Claims Tribunal dated 13.3.1989. The award passed was thus: The appellant will get Rs. 1,91,000 by way of compensation in suit No. 51 of 1982 from the respondents. They will also be entitled for interest on the awarded sum @10 per cent. Per annum from the date of application (14.4.1982). the awarded sum will be paid within 2 months and in case of default, the interest will be @ 12 per cent, per annum. The liability of the Insurance Company will be limited to the extent of Rs. 5,000 and interest thereon and for the remaining amount of Rs. 1,86,000 and its interest, the liability will be of the respondent Nos. 1, 2 and 3 jointly and severally. (translated in English).

(2.) AS against the aforesaid award, the Roadways have claimed that since it was hirer and not the owner of the vehicle, it could not be fastened with the liability for payment of compensation. This controversy was decided by three Single Judge Judgments-BSRTC v. Onkar and Ors. ACC Vol. II 1990-497; Mohd, Raffiq v. Mohd. Sadi and Ors. unreported SB Civil Misc. Appeal No. 223,270 and 237 of 1984 and S.B. Civil Misc. Appeal No. 243 of 1983-RSRTC v. Mulidhar and Ors. and one Division Bench decision reported in D.B. Spl Appeal No. 391 of 1990 decided on 4.1.1991, RSRSTC v. Rukmani Devi. By the Division Bench decision, the judgment of a learned Single Judge was affirmed.

(3.) SRI G.C. Mathur, learned Counsel for the respondent although argued that the amount was liable to be enhanced but seeing no force in his argument, he did not press his cross objection. Consequently, the appeal fails and is dismissed. If the payment of the entire sum, which falls due under the award challenged by means of this appeal, is made within two months from today, interest would be paid at the rate of 10 per cent, per annum from the date of the application presented before the Claims Tribunal. However, if that is not done, it would be paid at the rate of 12 per cent, per annum from the date of filing of the petition in the Claims Tribunal Under Section 110-A of the Motor Vehicles Act. The cross objection is also dismissed. The parties shall bear their own costs.