BHOOR SINGH Vs. GHEESU LAL AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 4th May, 1995 passed by the Motor Accident Claims Tribunal, Rajsamand (for short, 'The Tribunal' hereinafter) whereby the Tribunal awarded compensation of Rs. 31,900.00 along with consolidated lump-sum interest Rs. 8,100.00 in favour s of the claimant-appellant (for short. the claimant' hereinafter) and against the respondents. However, the liability of respondent No. 3 insurance company was held to be limited to the extent of Rs. 15,000.00. Being aggrieved and dissatisfied with the quantum of compensation, the claimant has filed the instant appeal seeking enhancement of the amount of compensation.

(2.) Briefly stated, the facts to the extent they are relevant and necessary for the decision of this appeal are that on 30,01.1987 claimant Bhoor Singh was travelling in bus bearing No. RSJ 5857 from Badnor to Bheem as a passenger. The said bus was driven rashly and negligently by its driver respondent Gheesulal. The bus was owned by respondent No. 2 Amarchand is and was insured with the respondent insurance company under certificate of insurance Ex.A/I for the period commencing from 13th Feb., 1986 to 12th Feb., 1987. Due to rash and negligent driving of the bus by its driver it turned turtle and occupant passenger the claimant (appellant herein) sustained sever injuries on his person. A claim was filed by the claimant before the Tribunal for compensation to the tune of Rs. 1,68,000.00 Respondent No. 2 Amarchand as well as respondent No. 3 insurance company filed their respective written-statement. on appreciation of the evidence produced by the parties, the Tribunal held the respondent No. 1 Gheesulal negligent and responsible for the said accident and held the claimant entitled to receive compensation from the respondents as noted above. However, while deciding the issue of limited liability i.e., issue No. 3, the Tribunal held the insurance company liable to the extent of Rs. 15,000.00 only.

(3.) I have heard learned counsel for the parties. Perused the judgment and award impugned. I have also carefully gone through the record of the Tribunal.