NEW INDIA ASSURANCE COMPANY LIMITED Vs. NAZIA

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to the judgment dated 22.05.1998 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.1,08,000/- for the death of one Raju, the Appellant's plea of limited liability to the extent of Rs.15,000/- in terms of the contract of Insurance between the Appellant and the Insured (the owner of the bus No.DEP-593) was rejected. The Appellant was directed to pay the entire compensation of Rs.1,08,000/- as awarded by the Claims Tribunal.

(2.) ON 10.08.1987, deceased Raju was travelling in bus No.DEP- 5593. According to the Respondent No.1 (the deceased's mother) while proceeding to Dhaula Kuan the bus was being driven in a rash and negligent manner by the Second Respondent (Ram Kumar). The Second Respondent suddenly applied brakes, as a result of the jerk, the deceased fell of the bus and suffered injuries which proved fatal.

(3.) THE sole ground of challenge is that the Appellant having successfully proved that its liability was limited to Rs.15,000/- per passenger, the Claims Tribunal erred in fastening the liability on the Appellant.