NEW INDIA ASSURANCE CO Vs. JAYSHREE ALIAS LAXMI

JUDGEMENT

(1.) HEARD the learned counsel for the appellant-Corporation and so also the respondents-claimants.

(2.) SO far as occurrence of the accident and death of the deceased when the driver of bus in question was negotiating a turn and the deceased jagannath falling from the roof of the bus in which he was travelling, it is not seriously disputed. The insurer-appellant is not even questioning the age, occupation, earnings and quantum of compensation awarded on account of the death of the deceased.

(3.) THE only question the appellant's counsel persistently persuaded us to accept is that the deceased Jagannath was not a passenger in the strict sense of definition of 'passenger' defined under Karnataka Motor Vehicles rules who was covered under Sec. 47 (l) (b ).