Rajendra Saxena, J. - (1.) This appeal has been preferred against the Award dated 18-5-1989 passed by the Motor Accident Claims Tribunal, Kota (for short "the Tribunal"), whereby the Tribunal awarded a sum of Rs. 33,000/- as compensation with interest @ 12% per annum for personal injury caused in a motor accident.
(2.) Briefly, relevant facts are that on 18-1-1984 at about 4-5 p.m., claimant-respondent Abdul Wahid was travelling from Sabjimandi Kota in Tempo No. RSO 2881, which was owned by appellant Kalyan Singh and being drive by respondent No. 3 Bannu Singh. It was alleged that the said driver was driving the tempo rashly and negligently and as soon as it reached at Brij Talkies crossing in a fast speed, it was over-turned. Claimant Abdul Wahid who was sitting near the driver, fell and came down the overturned tempo, with the result that his left hand was crushed and he sustained grievous injuries. He was taken to Bhimrao Hospital, Kota. On his parcha Beyan a case was registered at police station Nayapura, Kota vide F.I.R. Ex. P.12 and after usual investigation, a challan was also filed against respondent-Bannu Singh. Abdul Wahid was subjected to multiple operations and his left arm was imputed at his shoulder joint. Abdul Wahid filed claim petition for compensation amounting to Rs. 1.91 lacs before the Tribunal. The appellant and the respondent-Driver Bannu Singh in their joint reply controverted the facts detailed in the claim petition. They asserted that claimant Abdul Wahid was not travelling in the said tempo, that when the said tempo reached near Brij Talkies, its brake guard broke down and as such its brake had failed, which upset its balance, with the result the tempo was overturned. It was asserted that the tempo was being driven with a slow speed and that none of the passengers sitting therein sustained any injury. It was further asserted that the claimant, who was coming on foot from the side of bus stand due to his own negligence came under the tempo and sustained injuries, for which he, himself, was responsible, and as such, they were not liable to pay any compensation. The National Insurance Company (respondent No. 2) admitted that the tempo was insured with it, that at the time of accident, the claimant was travelling as a passenger and asserted that as per terms of the insurance policy, its maximum liability was up to Rs. 15,000/- only.
(3.) The learned Tribunal vide its order dated 6-5-1985 granted compensation of Rs. 7,500/- in favour of the claimant under Section 92A of the Motor Vehicles Act, 1939 under no fault liability and directed the insurance company to pay the said amount, which was paid to the claimant. The learned Tribunal vide its order dated 29-5-1986 held that the Insurance Company was only liable to pay compensation to an extent of Rs. 15,000/- only and passed an interim Award for Rs. 15,000/- against the insurance company with the stipulation if in future any dispute arose for exceeding the liability of the insurance company an opportunity of hearing would be afforded to it. In pursuance thereof, the Insurance Company (respondent No. 2) paid the entire amount of interim award to the claimant.;