M T BHAT Vs. KANAKA LAXMI

JUDGEMENT

(1.) This appeal under S.110D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) , is from an order of the Motor Accidents Claims Tribunal, Dharwar (hereinafter referred to as the Tribunal), awarding a compensation of Rs.9,000 to respondent 1 herein.

(2.) Respondent 1 herein is the wife of one Keshava Bhat who died on 16-5-1965 in an automobile accident at Haveri. She presented an application under S.110A of the Act before the Tribunal, claiming a compensation of Rs.15,000 for the death of her husband. The appellant was the owner of the motor car involved in the accident, while respondent 2 was the insurer of that car.

(3.) The Tribunal held that deceased Keshava Bhat was travelling in that car at the time of the accident and was not driving it and that the accdent was due to negligent driving of the car by DW.2 who was an employee of the appellant. As stated earlier, the Tribunal awarded compensation of Rs.9,000 with costs and interest at 6 per cent per annum from the date of the order till payment. The Tribunal directed the appellant the owner of the car, to pay the compensation to respondent 1. The Tribunal held that according to the terms of the insurance policy, respondent 2, the insurer, was not liable to pay such compensation.