RAO TULARAM RASHTRIYA UNNATI Vs. MOIJUDDIN SIDIKI

JUDGEMENT

(1.) THESE 11 appeals have been directed against the interim award passed under Section 140 of the Motor Vehicles Act, 1988 by the learned Member, Motor Accidents Claims Tribunal, Bikaner on 7.3.1991. The Tribunal directed the R.S.R.T.C. and Rao Tularam Rastriya Unnati Uchch Madh. Vidyalaya (the owners of the two vehicles involved in the accident) to make payment in the ratio of 30:70.

(2.) IT is not necessary to mention the facts of the case in detail. Suffice it to say, the accident took place on 4.10.1989. The students of the appellant Vidyalaya were going for picnic in Matador No. RSF 5373 driven by Fazlu. The Matador collided with the bus No. RNP 3177 belonging to the R.S.R.T.C. Many students sustained injuries and some of them died. On filing the claim petitions, the Tribunal passed the interim award.

(3.) MR . Gupta, learned Counsel for the appellant, contends that the Tribunal in passing the interim award was not justified in fixing the liability of the owner of Matador at 70 per cent and the amount could have been made payable jointly and severally. He further submits that since the payment has been made as per interim award, this Court may dispose of these appeals observing that the Tribunal shall not be guided while passing final award by the ratio of liability fixed in the interim award. Mr. Ashok Chhangani and Mr. Bhati, learned Counsel for the respondents R.S.R.T.C., concede that the apportionment of the liability was not required to be done in the matter of interim award.