( 1 ) THIS order shall also dispose of Misc. Appeal no. 40 of 1979 (Banwarilal v. Smt. Sharifanbai and others) and Misc. Appeal no 140 of 1979 Smt. Sharifanbai v. Banwartlal and another.

( 2 ) THESE appeals are directed against the award dated 31-1-1979 passed by the 1st Additional Motor Accidents Claims Tribunal, Indore in claim case no. 113 of 1975.

( 3 ) THE facts giving rise to these appeals briefly stated are as follows : On 17-31975 at about 3-30 p. m. Mohd. Ramzan was riding Vespa Scooter no. MPI 7374 in Loharpatti, Malharganj. Indore. The claimant Sharifanbai was going on the left side of the road for grinding wheat. Mohammad Ramzan came on the said scooter from the opposite side and dashed against her. She fell down and sustained injuries on her left arm left leg head and back. According to the claimant the accident was caused by the rashness and negligence of Mohammad Ramzan in driving the said scooter. On the date of accident Bamvarilal was the registered owner of the said scooter no. MPI 7374. The claimant therefore submitted an application under Section 110-A of the Motor Vehicles Act claiming Rs. 25,000/- as compensation from Mohammad Ramzan, Banwarilal and the Oriental Fire and General Insurance Co. Ltd. , on the ground that the accident was caused on account of the rashness and negligence of Mohammad Ramzan in driving the scooter, and that as Banwarilal was the registered owner of the said Vespa scooter and it was insured with the Oriental Fire and General Insurance Co. Ltd. they were also liable to pay compensation to her.

( 4 ) MOHAMMAD Ramzan resisted the claim on the ground that the accident was not caused by the Vespa scooter which he was driving. Banwarilal resisted the claim on the ground that he had already transferred the vespa by sale to Mohammad Ramzan and therefore he was not liable. The insurer resisted the claim on the ground that the said Vespa was not insured with it.

( 5 ) THE Tribunal held that the accident was caused on account of the rashness and negligence of Mohammad Ramzan in driving Vespa no. MPI 7374 and therefore he was liable to pay compensation to the claimant Sharifanbai. The Tribunal also held that Banwarila was the registered owner of Vespa and as such he was also liable to pay compensation to the claimant. The Tribunal absolved the Insurance Company of any liability on the ground that it was not proved that the Vespa was insured with it. The Tribunal awarded Rs. 6,500/- as compensation to the claimant against Mohammad Ramzan and Banwarilal for the injuries sustained by the claimant in the accident. The Tribunal also awarded interest on the amount of compensation at 4% p. a. from the date of the application till realisation. Aggrieved by the award of the Tribunal Mohammad Ramzan, Banwarilal and the claimant Sharifanbai preferred appeals before this Court; which are registered as Misc. Appeals nos. 38 of 1979. 40 of 1979 and 140 of 1979 respectively. As all these appeals arise out of a common award they are being disposed of by this order.

( 6 ) THE learned counsel for Moham-mad Ramzan contended that the Tribunal committed an error in holding that the accident was caused by Vespa scooter no. MPI 7374 which was being driven by Mohammad Ramzan at the time of the accident. He also contended that the Tribunal erroneously held that the accident was caused on account of the rashness and negligence of Mohammad Ramzan in driving the said scooter. He further contended that the amount awarded by the Tribunal is excessive and deserves to be suitably reduced.

( 7 ) THE learned counsel for the registered owner Banwarilal contended that in the circumstances of the case the Tribunal committed an error of law in holding Banwarilal vicariously liable for the negligence of Mohammad Ramzan in driving the said vespa scooter.

( 8 ) THE learned counsel for the claimant supporting the award of the Tribunal holding Banwarilal and Mohammad Ramzan liable for compensation contended tha