ORIENTAL FIRE AND GENERAL Vs. C.S. GOPINATHAN

JUDGEMENT

(1.) THE only question involved in these two appeals which are filed by the insurer of a passenger bus bearing registration number KLH 4352 and which was involved in an accident resulting in injuries to the two claimants, respondent No. 1 in each of the appeals, is as to whether the insurer is liable to pay any amount in excess of the statutory limit fixed under Section 95(2) of the Motor Vehicles Act. The Tribunal awarded an amount of Rs. 45,000/- in M.A.C. No. 74/81 which is the subject matter of M.F.A. No. 131/83 and Rs. 13,000/- in M.A.C. No. 75/81 which is the subject matter of M.F.A. No 132/83. The accident which gave rise to those proceedings took place at 8.30 a.m. on 13.6.1978. The claimant in the former application was travelling in his car alongwith his wife from Palghat to Trichur. It collided with the bus belonging to the 2nd respondent near the Indian Oil petrol bunk at Vadakkancherry on the national highway. The wife was the claimant in the other application. On the basis of evidence relating to the injuries sustained and the damage occasioned as a result thereof, the Tribunal awarded Rs. 45,000/- and Rs. 13,000/- respectively in favour of the claimants. The insurer/appellant had not produced the insurance certificate or any other document indicating that the liability of the insurer was limited to the amount fixed under Section 95(2) of the Motor Vehicles Act. The Tribunal noticed this fact in its order.

(2.) THE argument of Counsel for the insurer is that there was only one accident and therefore, the maximum amount of compensation which the insurer is liable to pay in respect of that accident is Rs. 50,000/-. The amount involved in these two awards together comes to Rs. 58,000/-. Counsel submits that an amount of Rs. 50,000/- was deposited and has been withdrawn as ordered by this Court in C.M.P. Nos. 4379 and 4382 of 1983. The balance amount is only Rs. 8,000/-.

(3.) THE relief which the appellant seeks in these appeals cannot be granted. The appeals are, therefore, dismissed. The appellant will deposit the amount of Rs. 8,000/- alongwith interest thereon within a period not exceeding two months from today. The parties will suffer their respective costs. Issue photo copy of this judgment to Counsel on both sides on usual terms.