NEW INDIA ASSURANCE COMPANY LTD Vs. KISHORI ASHARAM

JUDGEMENT

(1.) BY this Miscellaneous Appeal presented Under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'act') the appellant New India Assurance Co. Ltd. raises question as to the scope of the provision of Section 95 (2) (b) (ii) of the Act, in the award passed by the Accident Claims Tribunal, Damoh in favour of the claimant/respondent No. 1 making the appellant and respondents Nos. 2 and 3 jointly and severally liable to pay Rs. 37,500/- with interest at the rate of six per cent per annum from the date of claim petition till realisation and further making the appellant primarily liable to pay the whole amount.

(2.) BEFORE dealing with the point in issue it is necessary to elucidate a few facts of the case as to how the provisions referred to above in the Act have been challenged.

(3.) ONE Asharam, father of respondent No. l/claimant Kishori, met with an accident on 12-5-1983 and succumbed to death. He on the alleged fateful day boarded the overcrowded bus after purchasing ticket, along with his two associates Brij Bihari (P. W. 2) and Mulua (P. W. 4) at village Hinota at about 10-30 A. M. for coming back to his village Richhai. The bus belonged to the respondent No. 2 and at the material time was being driven by the respondent No. 3.