NISHAT AND MALWA BUS PRIVATE Vs. INDER KAUR

JUDGEMENT

(1.) THE challenge in appeal here is to the liability of the Insurance Company for payment of compensation to the claimants in excess of Rs. 15,000/- in respect of each bus passenger.

(2.) ON February 26, 1983 at about 5.30 p.m. the bus PBA-6307, which was carrying a marriage party from Jandiala Guru to Rewari suddenly went off the road and hit into a tree. As a result of this accident, one passenger, Santokh Singh, was killed while several others were injured. The claimant Ayodhia Nath being one of them. It was the finding of the Tribunal that this accident had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs. 57,600/- was awarded as compensation to the widow and sons of Santokh Singh deceased while Ayudhia Nath was awarded Rs. 62,000/- for the injuries suffered by him. Liability of the United India Insurance Company with which the bus was insured, was held to be limited "to the extent prescribed under the statute" meaning thereby the Motor Vehicles Act, 1939. Herein lies the challenge. The plea of the owners of the bus being that the Insurance Company was liable for the entire amount awarded.

(3.) IN dealing with the matter, relating to the extent of the liability of the Insurance Company, it must at the very out-set be noted that it is for the first time in appeal here that such a point has been raised. No such plea had been raised in the written statement filed by the Insurance Company nor indeed was any such contention put-forth before the Tribunal.