SHANTHABAI Vs. SHEKAPPA

JUDGEMENT

(1.) the question raised in this appeal relates to the extent of liability of the insurance company to indemnify the compensation payable under the Motor Vehicles Act to passengers travelling in a car which met with an accident.

(2.) one bujangappa gouda patil, son of ninganagouda died in a motor accident that took place on 5-12-1988 involving the jeep ctj 2603 in which he was travelling. His wife and children claimed compensation. After contest, the tribunal found that the accident was a result of rash and negligent driving and that the claimants are entitled to receive a sum of Rs. 1,53,000/- as compensation after deducting interim compensation paid. But on the basis of the endorsement in the policy the tribunal held that the liability of the insurance company is confined to Rs. 10,000/-. The claimants have come up in appeal, challenging this part of the award.

(3.) when the appeal come up for hearing, i directed the counsel for the insurance company to produce the notification dated 23-2-1978 in respect of passengers conveyed in a private car. The said notification reads thus: