BATHULA KRISHNA RAO Vs. PININTI MAHALAKSHMI

JUDGEMENT

(1.) THESE two appeals under the Letters Patent jurisdiction of this Court, which arise out of a common judgment, were heard together and are being disposed of by this order.

(2.) THESE appeals arise out of a claim under the Motor Vehicle Act and raise a small but interesting question as to whether the deceased, who suffered death at the end of his journey by the bus in question, would still be held to be a 'passenger' travelling in the bus.

(3.) BOTH the insurer and the owner of the vehicle filed appeals in this Court and the claimants filed a cross -objection claiming higher compensation. The learned Judge allowed the cross -objection and raised the amount of compensation from Rs. 10,000/ - to Rs. 20,000/ -. On a reference to Section 95(2)(b) (ii)(4) of the Motor Vehicles Act, as it stood then, he allowed the appeal of the Insurance Company fixing its liability to pay a sum of Rs. 5,000/ - only and transferring the liability of Rs. 10,000/ - allowed by him, in all Rs. 15,000/ - to the owner of the bus.