DURGA DEVI Vs. RAM KISHAN

JUDGEMENT

(1.) THIS appeal was referred to the larger Bench and now according to the judgment delivered by the Full Bench in Santra Bai v. Prahlad : 1985 ACJ 762 (Rajasthan), the following principles are well settled:

(2.) IN the present appeal in hand the deceased was the owner of the goods which were being carried in the goods vehicle. It is common ground that the principle No. (ii) would apply to the present case because the deceased was; the owner of the goods and it has been included in category No. (ii) of the Full Bench deductions. Consequently, the insurance company in the present case would also be liable to make the payment to the extent of the liability. It is common ground that the liability of the insurance company can be upto Rs. 50,000/ - as per the policy.

(3.) I have held in a series of cases that, no deduction can be made for lump sum. Consequently, the amount of compensation computed by the Tribunal as Rs. 45,000/ - cannot be reduced.