Sharma, J. - (1.) These appeals by special leave are directed against the decision of the Mysore High Court rejecting the claim of the appellant, Basthi Kasim Saheb, for compensation u/S. 110A of the Motor Vehicles Act. After the death of the appellant his legal representatives have been substituted in his place.
(2.) The incident in question took place on 2nd July, 1964 at about 12.15 p.m. on the road between Mangalore and Bhatkal. The appellant was travelling by a bus belonging to the Mysore State Road Transport Corporation running on the route Bydnoor to Bhatkal. The bus was involved in an accident when it reached Suregahalla resulting in serious injuries to the appellant. After a considerable period of hospitalisation he recovered, but the recovery was not full and complete and he claimed a sum of Rupees 75,000/- (Rupees seventy five thousand only) as compensation. The application. was resisted both by the Road Transport Corporation and the Mysore Government Insurance Department, Motor Branch. Their case is that the accident did not happen as a result of rash and negligent driving of the driver, and in any event the claim was excessive.
(3.) The Motor Accidents Claims Tribunal accepted the case of the claimant that the accident took place on account of rash and negligent act of the driver but, did not agree with him on the amount to be decreed. The claim was partly allowed for a total sum of Rs. 35,000/- (Rupees thirty five thousand only) with costs and interest. Two appeals were filed against this 'judgment one by the Road Transport Corporation and the other on the question of quantum by the appellant.;