SHIVAHARI RAMA TILOJI Vs. KASHI VISHNU AGARWADEKAR

JUDGEMENT

(1.) These three appeals are directed against an award made on March 30, 1983, by the Motor Accidents Claims Tribunal, Panaji, and give rise to a common question of law. Hence, they will be jointly disposed of by this judgment.

(2.) A tragic accident took place of February 25, 1973, at about 7.30 p.m. at Assagao. The bus GDT 2017, belonging to the first appellant and driven at the material time by the second appellant, went off the road, overturned and fell on one of its sides. The said vehicle had earlier left Siolim to proceed to Casissua, Chapora, carrying a number of people for a dinner party. As a result of this accident, Manchar Tamonkar, Shankar Sonu Verneker and Vishnu Soma Agarwadekar sustained serious injuries that ultimately caused their death.

(3.) Applications for compensation under the relevant provision of the Motor Vehicles Act were filed. Such applications were resisted by the appellants and by the seventh respondent, the insurance company. The latter's case was that in that in any event, its liability was limited to Rs. 5,000 only per passenger by virtue of the provisions of section 95(2) (b) (ii) (4) of the Motor Vehicles Act (hereinafter referred to as "the Act").