PARMESHWAR LAL SARAUGI Vs. RAM SAKHI DEVI

JUDGEMENT

(1.) THIS appeal under Sec.110D of the Motor Vehicles Act, 1939 (hereinafter to be referred to as "the Act"), arises from the order of the Claims Tribunal, Madhubani.

(2.) DECEASED , Ramendra Prasad Mishra alias Rabindra Mishra, son of respondent No. 1, was travelling in a bus bearing Registration No. BRG 5079. belonging to the appellant from Darbhanga to Pandaul and on the way he met with an accident as the bus dashed against a pole resulting in fatal head injury to the deceased. An application for claim was, accordingly, filed by his mother, widow and other claimants before the Tribunal claiming a sum of Rs. 2 lakhs. The Tribunal, however, awarded Rs. 67,000 only.

(3.) MR . S. C. Ghose, appearing for the appellant, has urged two points, namely : (i) The liability of the insurance company, which has been fixed at Rs. 5,000 only, should have been fixed at Rs. 50,000; and (ii) The amount of compensation is inflated. So far as the first submission is concerned, it must be accepted in view of the decision of the Supreme Court in the case of Motor Owners Insurance Co. Ltd. V/s. Jadavji Keshavji Modi, AIR 1981 SC 2059 ; [1981] ACJ 507 ; [1982] 52 Comp Cas 454 (SC), and a decision of this court in National Insurance Co. Ltd. V/s. Chhunnu Ram, AIR 1984 Pat 1 ; [1986] 59 CompCas 315 (Pat) to which one of us was a party, wherein it has been held that the total statutory liability of the insurance company could be, even in case of one passenger, according to the amendment made in the Act by Act No. 56 of 1969, up to Rs. 50,000 for a bus having seating capacity up to 30 passengers, and Rs. 75,000 beyond 30 passengers up to 60. passengers. There is no evidence on the record of this case to show as to what was the prescribed seating capacity of the bus in question. In that view of the matter, let us take the lowest seating capacity of the bus for the purpose of determining the liability of the insurance company and that it takes up to a sum of Rs. 50,000.