( 1 ) THIS appeal arises out of O. P. No. 718 of 1988 on the file of Motor accidents Claims Tribunal, Vizianagaram.

( 2 ) THIS appeal is filed by the claimant having not satisfied with the compensation awarded by the Tribunal. His case was that he was working as a driver on a passenger bus bearing No. AP 35 T 3337, which was given on hire to A. P. S. R. T. C. On 21. 6. 1997 while the bus was going with passengers at about 6. 00 a. m. , a lorry bearing no. AP 31 T 7074 came in the opposite direction at a high speed in a rash and negligent manner and hit the bus near dwarapudi Junction. As a result of the accident, the claimant (i. e. ,) driver of the bus under hire to A. P. S. R. T. C. and the passengers travelling in his bus received injuries. As far as the claimant is concerned, he received fracture of femur on the right thigh and other simple injuries. Hence, he filed M. V. O. P. N0. 718 of 1998 claiming compensation of Rupees two lakhs by impleading the owner of the lorry, its insurer, owner of the bus and the insurer of the bus. The Tribunal having held that on the basis of the evidence available on record, that the accident has taken place due to rash and negligent driving of the lorry by its driver, who died in the same accident, held that the Respondents 3 and 4 (i. e. ,) owner of the bus and its insurer are not liable to pay compensation to the claimant herein, since the claimant was not at fault and fastened the liability on the owner of the lorry and its insurer i. e. , Respondents 1 and 2 in the claim petition.

( 3 ) TO prove his case, the claimant examined himself as P. W. I and marked documents Exs. A1 to A 21. While Ex. A1 is the copy of the FIR, Ex. A2 is the wound certificate, Ex. A3 is the copy of M. V. I report, Ex. A4 is the salary certificate of p. W. I and Ex. A5 is the disability certificate issued by the District Medical Board, vizianagaram and as per that certificate he received 20% disability. Without reference to the salary certificate-Ex. A4 filed before the Tribunal, a compensation of Rs. 2,000/- for each of the three simple injuries, Rs. 12,500/- for the fracture, rs. 6,408-73 Ps. towards medical expenses and Rs. 20,000/- for permanent disability was awarded by the Tribunal. Thus, the total compensation amount payable to the claimant was fixed at Rs. 44, 408-73 Ps, which was rounded up to Rs. 44, 409/- and the amount is recoverable with 12% interest from the date of filing of the petition, till the date of realisation from Respondents 1 and 2 i. e. , the owner of the lorry and its insurer and absolved the owner of the bus and its insurer, since the driver of the bus was not at fault in the accident that occurred. In the evidence, the claimant stated that he was removed from service by the 3rd respondent because of the shortening of the leg and did not pay him any compensation for removing him from job.

( 4 ) BEFORE going into the merits of the case, Mr. Kota Subba Rao, Counsel appearing for the National Insurance company Limited i. e. , insurer of the lorry raised a contention that as the claimant received injuries in the course of his employment and the liability of the employer under Workmen s Compensation act to pay compensation to the employee who met with death or bodily injury is retained intact under proviso to section 147 (l) (b) of the Act, any compensation payable to the claimant for the injuries sustained by him in the accident is to be apportioned between the insurer of the vehicle which was hit by the other vehicle driven in a rash and negligent manner by its driver.

( 5 ) THE issue raised is an interesting one and is having far reaching consequences. Mr. N. V. Jagannadh, Counsel appearing for the United India Insurance Company limited, with which the bus was insured, resisted the plea on various grounds. During the course of hearing apart from this issue certain grey areas are left open and on some issues the Courts expressed divergent views, at times without noticin