T.T. NARAYANAN Vs. P. BRIDGET

JUDGEMENT

(1.) U . Vincent, aged 51 years was working as headmaster of an aided lower primary school at Punnacheri. On 28.5.1983 he was plucking grass near a well situated a few yards away from the public road. Stage carriage bus K.L.C. 7647 belonging to first appellant herein and driven by the second respondent in the claim petition came along the road at an excessively high speed, went off the road into the field and dashed against vincent causing fatal injuries. Second appellant is the insurer of the stage carriage bus. widow and ten children of the deceased Tiled a petition before the M.A.C. Tribunal. Thalasseri claiming Rs. 3 lakhs as compensation. The claim was opposed on several grounds but was allowed to the extent of Rs. 1,28,688/- with interest and proportionate costs. Insurer has been directed to pay the entire amount. The owner and insurer of the stage carriage bus have filed the appeal.

(2.) LEARNED Counsel for the appellants has urged only two contentions before us. First is that the amount awarded is excessive. Second contention is that liability of the insurer is limited to Rs. 50,000/-.

(3.) THOUGH the insurer contended that the policy is an Act policy and under the terms of the policy the liability of the insurer is only upto Rs. 50,000/- a copy of the policy was not produced. Ext. B1 which purports to be an extract of the insurance policy does not indicate that it is an Act only policy. Therefore we reject this contention.