NATIONAL INSURANCE CO LTD Vs. RAMESHWAR

JUDGEMENT

(1.) These five appeals under Section 110-D of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') have been filed by the insurer. Since all the appeals relate to the same accident and arise out of common judgment, all the appeals are heard together with consent of parties. In each appeal claimants have filed cross-objections under Order 41, Rule 22, Civil Procedure Code, which have been considered and heard along with the appeals together.

(2.) On 28.6.1983 passenger bus USC 5434 was proceeding on Meerut-Hapur route. At about 9.30 a.m. the bus went out of the road and dashed against a roadside neem tree near village Phaphunda. In respect of three appeals, claims were made by dependants on account of death of three passengers and the other two relate to claims by two injured passengers.

(3.) Owner contested applications denying negligence in driving of the vehicle. Insurer contested the claim on various grounds and stated that in case it is held liable the same is limited under Section 95 (2) (b) (ii) of the Act to the extent of Rs. 15,000/- in respect of each passenger.