SHYAM LAL Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the award dated 18 -9 -73 passed by the Member, Motor Accidents Claims Tribunal, Dhar, in claim case No. 100 of 1970.

(2.) THE claimants are the Appellants in this appeal the Appellant No. 1 is the father and No. 2 is the widow of the deceased Badrinarain. There is no dispute that passenger bus No. M.P.B. 6250 belonged to Respondent No. 2 and was insured with the Respondent No. 1, the New India Assurance Company Ltd., Bhopal, at the relevant time. It is also admitted that the said bus was being driven at the time of the accident by Respondent No. 3 Hamidali who was an employee of the Respondent No. 2.

(3.) THE Respondent resisted the claim. The Respondent Nos. 2 and 3 denied that the accident took place on account of rash and negligent driving of Respondent No. 3. They pleaded that the accident took place on account of mechanical failure of the brakes and it was an inevitable accident. The Respondent No. 1 also denied the claim and stated that the liability of an insurance company is limited to only Rs. 2,000/ -.