NATIONAL INSURANCE CO LTD Vs. GAYATRI DEVI

JUDGEMENT

(1.) -This is an appeal under Section 110D of the Motor Vehicles Act, 1939 by the insurance company against the award dated 24.1.1984, passed in Motor Accident Claim Petition No. 15 of 1979.

(2.) THE Tribunal has awarded a sum of Rs. 48,000 as compensation amount to the claimant respondents. THE accident took place on 7.5.1979 at about 5.00 p.m. THE insurance company had insured a bus bearing registration No. U.P.I.-9107 which was carrying a marriage party to village Rikhpur. THE bus was returning from the village after marriage and met with road accident as it was being driven at a great speed. In that accident Ram Charitra Singh, who was travelling in the bus as a passenger, died. THE court below has awarded a sum of Rs. 48,000 against the insurance company.

(3.) IN this view of the matter, the award of the Tribunal needs modification and the same is hereby modified. It is held that the insurance company is liable to pay a sum of Rs. 15,000 alongwith interest thereon as awarded by the Tribunal. The remaining amount shall be recoverable from the owner of the bus/respondent No. 4, namely, Krishna Murari.