KANHAIYA PRASAD SINGH Vs. BIJAY KRISHNA SHARMA

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, at the instance of the owner of the vehicle, is directed against the judgment and award dated 4.9.02, passed by Motor Vehicle Accident Claim Tribunal, Saraikela, whereby he has awarded a sum of Rs. 1,25,000/ - in Compensation Case No. 14/91 and directed that out of the said amount a sum of Rs. 15,000/ - shall be paid by the Insurance Company and rest of the amount shall be paid by the appellant being owner of the vehicle.

(2.) THE facts of the case lie in a narrow compass: Respondent No. l -claimant was returning from Ranchi to Jamshedpur in Bus No. BHZ 4444. It is alleged that the driver of the bus was driving the vehicle very rashly and negligently and it dashed against a truck bearing No. BHV -8786 standing of the road due to which several passengers of the bus including the claimant sustained grievous injuries.

(3.) MR . P.P.N. Roy, learned Sr. counsel appearing for the appellant, assailed the impugned award as being illegal and contrary to the facts and evidence on record. Learned counsel submitted that the vehicle was comprehensively insured with Respondent No. 3 and, therefore, entire compensation amount is payable by the Insurance Company.