O.N.KHANDELWAL, J. - (1.) THIS appeal has been preferred by Insurance -company under Section 110 -D of the Motor Vehicles Act, 1939 read with Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 15 -11 -1991 passed by Motor Accident Claims Tribunal/XIII Additional District Judge, Moradabad in Motor Accident Claim Petition No. 73 of 1987, Smt. Arunesh Bhatnagar v. Kamal Kishore Tandon.
(2.) THE Claim Petition was filed by respondents (Widow, daughters and sons) of deceased S. C. Bhatnagar, an employee in B.H.E.L. with respect to an accident which took place on 1 -6 -1986 at 8.30 a.m. in Moradabad. The deceased, aged about 47 years was standing in the compound of Roadways Bus -stand and waiting for a bus. The bus owned by respondent No. 6 and driven by respondent No. 7 hit S. C. Bhatnagar and crushed him on account of which he died on the spot. After completing the formalities, the Claim Petition under Section 110 -A of the Motor Vehicles Act, 1939 was filed in December, 1986 claiming a compensation of Rs. 3,62,576. Pappu, driver -respondent No. 7 filed his written statement and stated that he was not driving the bus on that date. He denied all the allegations of the petition. The Insurance -Company also contested the claim pleading that the petition is barred by time, Pappu was not the driver of the bus, the income of the deceased was wrongly shown, the petitioners are neither heirs nor dependents of the deceased. Besides, the vehicle involved in the accident had no valid registration and permit at the time of accident. It was also pleaded that the bus was over -loaded and the Insurance Company is liable to the extent of coverage of policy and not beyond it.
(3.) SEVERAL issues were framed and it was held that the accident took place due to rash and negligent driving of the bus involved, petition is not barred by time and petitioners are heirs of the deceased. While dealing with the liability of the Insurance - Company it was observed that the policy was a comprehensive one and against third party, therefore, the liability of the Insurance is unlimited and he is liable to pay the entire amount of compensation which comes to Rs. 1,46,832. Accordingly that sum was awarded in favour of the petitioner Nos. 1, 3,4 and 5 alongwith 9% per annum interest from the date of filing of the petition, i.e., 4 -12 -1986 till the date of payment against the Insurance -Company. Aggrieved by the judgment and award dated 15 -11 -1991 this appeal has been preferred by the Insurance - Company.;