the evidence of PW.3, proprietor of Mahaboob Subhani Auto Guarage, who repaired the jeep of the claimant, coupled with the evidence of Ex.A.4 and 10-bunch of bills and the estimation bill for the damage, the Tribunal awarded an amount of Rs.50,000/towards spare parts of the jeep. The Tribunal, having held that though PW.1 stated that he was earning a sum of Rs.10,000/-, he did not produce any supporting evidence regarding income, awarded an amount of Rs.10,000/- towards loss of income. The Tribunal further awarded an amount of Rs.5,000/- towards labour charges considering the damage of the vehicle as proved by documentary evidence. In total, the Tribunal awarded an amount of Rs.65,000/with interest at 7.5% per annum from the date of petition till realisation. The Tribunal held that since the accident occurred due to rash and negligent driving of the driver of the 1st respondent only, the respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner. The claim against the 3rd respondent was dismissed though the 3rd respondent insured the petitioner’s vehicle under own damage, as the accident occurred due to rash and negligent driving of the 1st respondent driver. Assailing the said award, the insurer of the crime lorry filed the present appeal.
