NATIONAL INSURANCE CO. LTD Vs. DEEPATHUMMA

JUDGEMENT

(1.) THE first of the appeals is by an insurance company while the second is by the original owner and driver of the luxury bus.

(2.) BOTH these appeals question the adjudication and award made by the Member, Motor Accidents Claims Tribunal, Pune (hereinafter called 'the Tribunal'), directing payment of compensation in the sura of Rs. 1,00,000/- along with interest at 6 per cent per annum. It further directs the Insurance Company to bear the liability to the extent of Rs. 75,000/-.

(3.) AS far as the question of the occurrence of accident is concerned, in the companion appeal, the appellants contend that evidence was not enough to hold that the accident took place as a result of negligent driving. Secondly, it is contended that the quantum of dependency accepted at Rs. 1,500/- could not have been so accepted by the Tribunal and that thus the award is erroneous. In the appeal filed by the Insurance Company, it is contended that there being only single individual who died in the accident, by reason of contract of insurance, the liability would be to the tune of Rs. 5,000/- and the Tribunal was in error in fixing that liability to the tune of Rs. 75,000/-, which was the total cover provided by accident policy.