PRAKASH ANAND PEDNEKAR Vs. SITABAI R GAWAS

JUDGEMENT

(1.) SITABAI R. Gawas, respondent No. 1, succeeded in Claim Petition No. 4/87 filed by her before the Motor Accident Claims Tribunal, Panaji, by getting an Award dated 31/12/1991, in her favour. That award directed that she be paid a sum of Rs. 85,000. 00 as and by way of compensation in respect of the death caused to her husband in a vehicular accident in which mini bus bearing registration No. GDS-2272 was involved, which belonged to the present appellant and was insured with the third respondent.

(2.) THE Tribunal in the impugned award held that out of the amount of compensation awarded, the liability of the third respondent-insurer, is limited to Rs. 15,000. 00 only, that being the limit of the liability per passenger in an accident, in terms of Section 95 (2) (b) (ii) of the Motor Vehicles Act, 1939, and the remaining amount is directed to be paid by the present appellant/owner and respondent No. 2, the driver.

(3.) THE appellant/owner of the minibus challenges the impugned Award restricted to one challenge that the deceased husband of respondent No. 1 was not a passenger and therefore not covered under Section 95 (2) (b) (ii) and it is a pure case of involvement of third party risk and being so, the entire liability under the insurance policy is that of the third respondent.