1. The insurer of a stage carriage KRE 8256 is the appellant. The 5th respondent, who was a passenger in a taxi jeep No.KLF 402 had sustained injuries in an accident involving that vehicle and stage carriage KRE 8256. The vehicles collided with each other at a place called Pandaran Valavu, near Onakur on Piravom Muvattupuzha road at about 2.30p.m. on 20-9-1979. The injured was taken to the Government Hospital, Piravom and thereafter to the Medical College Hospital, Kottayam. The injured had suffered a crush injury of the right foot with loss of terminal phalange of the big toe, fracture of the basal phalange of the 2nd toe. and fracture of the right clavicle. He was hospitalised in the Medical College Hospital from 20-9-1979. In his application under S.110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Ernakulam, he claimed that the accident occurred. due to the rashness and negligence of the driver of the stage carriage KRE 8256. He claimed an amount of Rs. 51,8,80/- as compensation under various heads. Respondents 1 to 3, the owner, driver and insurer of the passenger bus resisted the claim stating that the accident occurred due to the neglige