JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 12.08.2011 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Sabarkanta, Camp at Modasa in MACP No.472/1998, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.35,395/- as a compensation along with interest at the rate of 7.5% per annum from the date of filing of claim petition till realization.

2. The succinct facts leading to file the captioned appeal are that on 01.08.1997, the claimant and his friends were going to Ambaji in a jeep bearing registration no.GJ-9-B-1651. The said jeep was being driven by respondent no.3 herein in a very moderate speed by observing traffic rules. When they reached near the place of accident, the respondent no.1/driver of the ST bus bearing registration no.GJ-1-Z-2598 came by driving his bus in rash and negligent manner and dashed with the said jeep, in which the claimant was travelling. Due to the impact of the said accident, the claimant sustained fracture injuries on head, nose and forehead and also sustained other bodily injuries. After the accident, the claimant was immediately taken to Jivan Jyot Hospital, where he was admitted and treated as an indoor patient. The FIR being I. C.R. No.66/1997 also came to be lodged for causing the accident at Modasa Rural Police Station. It is also the case of the original claimant that at the time of accident, he was gainfully engaged in selling of video cassette and electric fittings work and thereby earning a sum of Rs.5,000/- per month. Therefore, the claim petition for seeking the compensation of Rs.50,000/- came to be filed.

3. On being served, the respondent no.2/ST Corporation filed its affidavit at Exh.17, thereby denying all the averments made in the claim petition and prayed for rejection of the claim petition.

4. Having considered the pleadings, evidence led by the respective parties and the submissions canvassed by the respective parties, the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.35,395/- as a compensation along with interest at the rate of7.5% per annum from the date of filing of claim petition till realization.

5. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimant/appellant challenged the impugned judgment and award on the ground of negligence as well as exoneration of the insurance company of the jeep from satisfying the impugned judgment and award.

6. Heard learned counsels for the parties.

7. Mr. R. K. Mansuri, learned counsel appearing on behalf of the original claimant/appellant herein vehemently submitted that the accident has occurred owing to the composite negligence of the driver of the ST bus bearing registration no.GJ-1-Z-2598 and the driver of the jeep bearing registration no.GJ-9-B-1651; however, the learned Tribunal has held the driver of the Jeep 100% negligent for causing the accident. He further submitted that the accident in question is the head on collision, therefore, the learned Tribunal could have held that the drivers of the both vehicles were negligent for causing the accident. He further submitted that therefore the finding returned by the learned Tribunal is liable to be reversed.

8. Learned counsel for the original claimant/appellant further submitted that at the time of accident, the claimant/appellant was travelling in the jeep. He further submitted that respondent no.5/insurance company of the jeep ought to have been held liable to pay the compensation as at the time of accident, the risk of the appellant/claimant was duly covered under the insurance policy. He further submitted that the insurance policy has been proved at Exh.51. Therefore, the insurance company ought to have been held liable to satisfy the impugned judgment and award.

9. Per contra, Ms. Hina Desai, learned counsel appearing on behalf of respondent nos.1 and 2/driver of the bus and ST Corporation vehemently submitted th