S PUTTAIAH Vs. S K SHARAVATHI

JUDGEMENT

(1.) A common question arises for consideration in these two appeals. Hence, both these appeals are heard together and are disposed of by this common judgment.

(2.) Both the appeals are filed by the owner of the vehicle involved in the accident. The insured - owner is aggrieved by the award passed by the Tribunal directing that appellant alone is liable to pay the compensation to the injured claimants to the exclusion of the insurance company.

(3.) The facts leading to these appeals, stated in nutshell, are that on 19.06.1997 when the two claimants in these two appeals were traveling in the bus bearing registration No. MYM- 5697 from Madenahalli to Sira, the bus met with an accident at about 5.30 PM near Ramalingapura Tank Bridge. Both the claimants sustained injuries. Indeed, as per the very case of the 2nd respondent Insurance company, as is clear from the observations made by the Tribunal in paragraph No.13, in the accident, more than 50 persons were traveling in the bus and most of them sustained injuries. According to the insurance company, their liability to pay compensation as per the policy was limited to only 32+2 persons. They further contended that to the said extent, they had already satisfied the claim in terms of the award passed by the claims Tribunal in respect of 34 persons and hence, they were not liable to pay any compensation to the claimants herein.