M.Y.EQBAL,J. - (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. The claimant was admitted to Tata hospital for treatment but later on referred to Dr. B. Mukhopadhya of Patna where he was operated for several times. The claimant remained bed -ridden from 13.10.88 to 4.3.91 and he could not attend his normal duty. The claimant, at the relevant time, was employed as Assistant in the Office of Supdt. of Police, Jamshedpur and his monthly salary was Rs. 3000/ -. The claimant alleged to have incurred expenses of Rs. 90,000/ - in his treatment and also suffered a monetary loss of Rs. 1,50,000/ -. The appellant who is the owner of the offending bus contested the case by filing show -cause. Appellant's case is that the bus was insured with Respondent No. 3 M/s New India Assurance Co. Ltd. under valid and effective Insurance Policy. He denied that the driver of the bus was driving the vehicle rashly and negligently. The case of the appellant, therefore, is that amount of compensation if awarded is payable by the Insurance Company. Respondent No. 3, insurer of the bus, in its show -cause has taken defence that the Insurance Company cannot and shall not be held liable for payment of compensation amount, inasmuch as, under the policy the liability of the Insurance Company was restricted to Rs. 15,000/ -. Claims Tribunal after considering the facts and evidence on record assessed compensation of Rs. 1,40,000/ -. The Tribunal further held that as per the terms of the Insurance Policy, Insurer is liable to pay a sum of Rs. 15,000/ - and rest of the amount will be realized from the owner of the vehicle. Hence, this appeal.
(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.;