UVARAJA Vs. PARVATHI AMMAL AND ORS.

JUDGEMENT

(1.) THE owner of the vehicle, who was the 1st Respondent in claim petition No. 347 of 1979 before the Motor Accident Claims Tribunal, Cuddalore, is the Appellant in this appeal. Respondent Nos. 1 to 4 herein came forward with the said petition claiming compensation at Rs. 50,000/ - because of the deceased meeting with his death in the bus accident at about 3:40 p.m. on 1st July, 1979. The Tribunal held that the Respondent Nos. 1 to 4 will normally be entitled to a compensation of Rs. 34,600/ - but as it found that the deceased was also responsible for the accident, fixed the quantum at Rs. 17,300/ - (50% of Rs. 34,600/ -). At the same time, the Tribunal limited the liability of the insurance company the 5th Respondent herein in the sum of Rs. 5,000/ - on its interpretation of Section 95(2)(b)(ii) and (4) of the Motor Vehicles Act.

(2.) IN this appeal, two points are taken by the learned Counsel for the Appellant. One is directed against the quantum that was fixed as compensation payable to the claimants, while the other is that the Claims Tribunal erred in limiting the insurance company's liability in the sum of Rs. 5,000/ -.

(3.) AS regards the second point, I must straightway point out that the facts are on all fours with those found in a decision rendered by a Division Bench of this Court in CM. A. No. 558 of 1979 dated 28th July, 1981. In this case, the finding is that the deceased was about to get into the moving bus, but then before he could get into the bus, he slipped down due to rush and ultimately got under the wheel and met with his death. It is now relevant to notice the facts in the unreported case referred to above. The deceased was not a passenger in the bus and there was a scramble between the persons who were waiting for the bus at the bus stand and it is at that scramble, the deceased fell down and was run over by the bus. On the said facts, the Bench held: