VENKATASWAMI MOTOR SERVICE Vs. C K CHINNASWAMY

JUDGEMENT

(1.) THE third respondent, owner of a Motor vehicle in M.C.O.P.No.14 of 1980 before the Motor Accident claims Tribunal, Coimbatore, and appellant in A.A.O.No.678 of 1981 has preferred this appeal under Clause 15 of the Letters patent of this Court against the award of compensation to the claimants/respondents 1 to 4 herein amounting to Rs.36,000 out of which Rs.5,000 is payable by the Insurer and the balance by the owner/appellant.

(2.) THE claimants who are the husband and minor sons and daughters of the victim Kamalam moved the Tribunal under Sec.110-A of the Motor Vehicles Act, 1939 (since repealed) alleging that Kamalam was travelling in a town bus plying in route No.32-C and bearing Registration No.TNE 6517 along goods shed Road on 16.7.1979 at about 7.45 a.m. when the bus approached the bus stop near the junction of Big Bazaar Street, and Goods shed Road, West of St. Michael's High School, she got down from the bus at that stop, but before she could stabilise herself on the road, the conductor instructed the driver to move the vehicle and accordingly the driver started the bus rashly and negligently with the result that Kamalam was knocked down and dragged along by the body of the bus. In that process, she sustained multiple injuries and succumbed to them in the C.M.C.Hospital. THE claimants impleaded the driver, the conductor, the owner of the vehicles and the insurer as party respondents in the proceeding before the tribunal.

(3.) SWAMIKKANNU, J. who eventually heard the appeal, however, has held that the victim Kamalam was still a passenger within the meaning of Sec.95(2)(b) read with proviso (ii) to sub-sec.(1) thereof and thus the insurer's liability was limited to the limits under the Act, that there was no force in the contention of the appellant in view of the evidence on record that the accident was not as a result of the rash and negligent driving and that the quantum of compensation awarded was correct.