NEW INDIA ASSURANCE CO LTD Vs. RIAZ MOHAMMED

JUDGEMENT

(1.) THE claim cases giving rise to all these appeals (M. A. No. 148 of 1989, New India Assurance Co. Ltd. v. Bhimaji M. A. No. 150 of 1989, New India Assurance Co. Ltd. v. Jagdish Chandra) arose out of the same motor accident and since common question of law is involved in all these appeals, these are being taken up together and disposed of by this single judgment.

(2.) IT is no more in dispute in these appeals that on 20. 12. 1986 respondents Riaz Mohammed, Bhimaji and Jagdish Chandra were travelling in a passenger bus No. CPU 5426 which met with an accident causing injuries to the aforesaid respondent passengers. They preferred claims before the Motor Accidents Claims Tribunal, Kukshi, under Section 110-A of the Motor Vehicles Act, 1939, which was then in force. The Tribunal awarded compensation of Rs. 31,000/-, Rs. 22,000/and Rs. 39,500/- to the aforesaid claimants vide impugned orders dated 5. 4. 1989 passed in Claim Case Nos. 1, 20 and 7 of 1987, respectively. The appellant insurance company and the respondent Nos. 2 and 3, i. e. , the driver and the owner of the offending vehicle, were made liable fully to pay the aforesaid amount jointly and severally.

(3.) THE only question canvassed in these appeals was that in the aforesaid awards, the liability of the appellant insurance company was not joint and several to the extent of full amount of those awards along with the owner and driver of the bus, but was limited to the payment of Rs. 15,000/- to each claimant, being the extent of statutory liability required to be covered under Section 95 (2) (b) (ii) of the Motor Vehicles Act, 1939.