PURUSHOTHAMA DEVADIGA Vs. THANGAMMA

JUDGEMENT

(1.) THIS is an appeal by insured-owner of the vehicle from the judgement and award dated 1-2-1994, delivered by Sri k. Rajashekhar, ii additional district judge/member, motor accidents claims tribunal-iii, d. k. , mangalore, in m. v. c. case No. 468 of 1988, whereby the tribunal has awarded the claimants respondents a sum of Rs. 64,000/- as total compensation less Rs. 15,000/- award received from respondent 3 in the claim petition namely from united India insurance company.

(2.) THE tribunal, to be in brief, held as under: that, the motor accident was due to negligence of the driver-respondent 1 of the vehicle as also contributory negligence of the deceased balakrishna, which, had taken place on 25-3-1988 and on account of which balakrishna had died of the injuries suffered by him. The tribunal after having recorded about the negligence and contributory negligence further held that the liability of the insurance company has been limited to the extent of Rs. 15,000/- and the insurance company was liable to pay Rs. 15,000/- only and not more, while the balance of Rs. 49,000/-, the tribunal found and held, to be recoverable from respondent 2-the owner of the bus.

(3.) FEELING aggriwied from the judgement and award of the tribunal, the owner of the bus has filed this appeal. No cross-objections or cross-appeal has been filed in respect of quantum of compensation awarded nor with reference to the finding on issues 1 and 2 i. e. , question of negligence and contributory negligence. The appeal filed by the owner raises one question of law namely the extent of liability of the insurance company or that of the owner of the bus. The question is whether the liability of insurance company-respondent 3 in the memo of appeal has rightly been held to be limited to the extent of Rs. 15,000/ or that finding is incorrect.