K ESWARAMMA Vs. SHAIK KHADER MOHIDDIN

JUDGEMENT

(1.) The cleaner of a lorry which was involved in a major accident that occured on 3-2-1984 died. His father, mother, wife and brother filed the petition claiming lhat they are entitled for Rs. one lakh. After a consideration of the entire material on record the Tribunal below found that there is rash and negligent act on the part of the driver of the lorry and therefore the respondents are liable to pay Rs. 43.500/- towards the compensation to the claimants. However, the Tribunal below restricted the liability of the insurance company to Rs. 18,000/- only as per the Table prescribed under the Workmen's Compensation Act, 1923 as the cleaner is only aged 22 years at the time of the accident. As against that restriction that has been imposed by the Tribunal with regard to the fi-ation of the liability, the owner filed the present appeal.

(2.) It is contended on behalf of the owner that since she has paid the additional premiums covering two drivers and one cleaner, restricting the liability of the insurance company to that of Rs. 18.000/- is bad.

(3.) Section 95 (1) of the Motor Vehicles Act, 1939 which is relevant for our purpose reads as follows :