ORIENTAL INSURANCE COMPANY LIMITED Vs. SHANTA KUNWAR

JUDGEMENT

(1.) Heard learned Counsel for the parties. We find respondent no. 4 was though served as per the office report but, he has not chosen to appear.

(2.) The question raised in this appeal is squarely covered in favour of the appellant, Insurance Co. , in the case reported in [jt1987 (3) SC 465] entitled M. K. Kunhimohammed v. P. A. Ahmedkutty and Ors. /the maximum statutory liability as per this decision to which appellant is liable to, is Rs. 15,000. 00 as per the law which stood then. Hence, this appeal is allowed and/the decision contrary to this given by the Tribunals set aside. /we find the order of this Court dated 12th October, 1995, reveals that the decretal amount has already been deposited by the appellant before the Tribunal. For the amount so deposited, this Court has already passed an order, to be withdrawn by the claimants and further made it clear that it will be open to the petitioner (appellant) to realise this amount from the owner of the bus, who is respondent no. 4 in this appeal, in case he is made liable.

(3.) With the said observations, the appeal is allowed. Costs on the parties.