NEW INDIA ASSURANCE COMPANY LIMITED Vs. S VIJAYALAKSHMI

JUDGEMENT

(1.) The New India Assurance Company Limited-second respondent in O.P.No.164 of 1990 on the file of Motor Accidents Claims Tribunal-cum- Additional District Judge, Madanapalle, preferred this appeal against the order passed on 23-4-1992.

(2.) S. Somasekhar died on 25-9-1989 while travelling as passenger in the bus TNM-4959 in a motor vehicle accident caused due to rash and negligent driving of the said bus by its driver. His mother, wife and children preferred the above claim for a total compensation of Rs.2,50,000/- from the owner and insurer of the bus involved in the accident. The claim was resisted. The Tribunal, after due enquiry, awarded a total compensation of Rs.1,39,000/- against both the owner and insurer. The insurer aggrieved by the above award preferred this appeal.

(3.) Sri Kota Subba Rao, learned Counsel for the appellant submits that the liability of the insurer-appellant is to the extent of Rs.15,000/- only for each passenger travelling in the bus and the award passed contrary to the insurance policy is erroneous and liable to be set aside.