B. L. Yadav, J. - (1.) -
(2.) THIS is a First Appeal preferred by the National Insurance Company Ltd. against an award of Claims Tribunal, under section 110-C of the Motor Vehicles Act, 1939 (for short the Act), awarding a sum of Rs. 30,000/-(thirty thousand) to respondents 1 to 5, the heirs of deceased Surendra Lal who died in an accident while travelling in a Bus as the left rear wheel of the bus in which he was travelling was detached from its original place on 4-5-1973. The events leading to the present appeal are that Surendra Lal was in the employment of the District Board, Almora as a clerk drawing emoluments to the tune of Rs. 282/- per month with dearness etc. in addition. He was travelling by a Bus along with the members of his family but on 4-5-1973 the Bus met an accident and he fell down by the side of door and died. It was alleged that the claimants, the respondents 1 to 5 were entitled to the compensation for a sum of Rs. 30,000/- under section 110-A of the Act. The Insurance Company filed written statement and was made party but did not turn up to contest the claim on the date of hearing hence the Tribunal proceeded exparte against it. The respondent no. 6, the owner of the vehicle however, contested the claim denying his liability from the payment of the compensation. After considering the evidence on the record the Motor Accident Claims Tribunal held that the death of the deceased occurred due to striking against the drain upon which he was thrown off from the vehicle which was in motion and he died on account of accident and not due to his voluntarily jumping from the vehicle. The compensation was awarded only against the Insurance Company. Against the order awarding compensation present appeal has been filed by the Insurance Company. Sri N. B. Nigam, learned counsel for the appellant urged that under section 95 (2) (ii) (4) of the Act and the maximum liability was only Rs. 5,000/-only. He placed reliance on M. M. Kunhi mohammed v. P. A. Ahmedkutty, AIR 1987 SC 2158.
(3.) LEARNED counsel for the respondents supported the impugned order. Having heard learned counsel for the parties the point for determination is as to what was the liability of the Insurance Company, the present appellant on the death of individual passenger travelling in the stage carriage. In fact section 95 (2) of the Act is relevant for the all purposes indicating the liability of the Insurer in case of an accident. Section 95 (2) (a) deals in the case of a goods vehicle and the liability of the insurer would be Rs. 50,000/- in all, whereas in case the passengers are being carried, the relevant provision is section 95 (2) (b) of the Act. In case the death of the persons other than the passengers i. e. persons who might be standing or walking on the road and died on account of the accident, the liability of the insurer is Rs. 50,000/- in all, whereas in respect of the death of passengers (more than one) the relevant provision is section 95 (2) (b) (ii) (1) and the liability is Rs. 50,000/- and under section 95 (2) (b) (ii) (4) the liability is only Rs. 10,000/- in all, in case the vehicle is Motor Cab. The liability of insurance Company in case of individual passenger is Rs. 5,000/- only in case vehicle is other than motor-cab. In the present case the vehicle was stage carriage hence the liability would be upto Rs. 5,000/-.;