G.R. Majithia, J. - (1.) THE Appellant New India Assurance Company has come up in appeal against the award of the Motor Accident Claims Tribunal, Hoshiarpur awarding compensation to the extent of Rs. 84,000/ - in favour of the claimants, Respondent Nos. 3 to 8.
(2.) THE facts: Ilma was husband of Respondent No. 3 and father of Respondent Nos. 5 to 8 and son of Respondent No. 4. He boarded bus bearing registration No. PBA -3170 on July 10, 1985 at Mukerian. He had gone on the roof of the bus to place luggage there and his companions were handing him their luggage. The bus driver started the bus despite the protest of the companions of the deceased. Another bus followed the bus bearing registration No. PBA -3170. Respondent No. 1 did not allow the other bus to take over. He suddenly turned his bus towards the extreme left side of the road. A branch of the tree struck Ilma deceased who fell down from the bus and died. The owner of the bus and the Appellant contested the claim application. The owner of the bus pleaded that Ilma deceased went to the roof of the bus without getting a ticket and without the consent of the conductor and died as a result of his own negligence. The Appellant filed separate written statement pleading that the accident did not take place as a result of rash and negligent driving of the vehicle by Respondent No. 1. The pleadings of the parties gave rise to the following issues: (1) Whether on 10 -7 -1985, Puran Chand Respondent caused vehicular accident by his rash and negligent driving of Bus No. PBA -3170 in the area of village Sandhwal on the Mukerian Talwara Road? O.P.P. (2) Whether Ilma died as a result of injuries sustained by him in the aforesaid accident? O.P.P. (3) Whether the claimants are entitled to compensation on account of loss of life of Ilma. If so, to what amount and from which of the Respondents? (4) Relief. Under issue No. 1 the Tribunal came to the conclusion that the accident was caused as a result of rash and negligent driving of the vehicle by Respondent No. 1. Issue No. 2 was also found in favour of the claimants and it was held that the claimants are entitled to Rs. 84,000/ - by way of compensation.
(3.) IN appeal, the learned Counsel for the Assurance Company submitted that the Appellant is liable only to the extent of third party liability mentioned in the policy of insurance and as per terms of the policy in case of an accident the insurer is liable to indemnify the insured in the sum of Rs. 15,000/ - in respect of each passenger. The counsel submits that in view of this limited liability the Tribunal was in error in allowing the compensation beyond Rs. 15,000/ against it. He further submits that the Assurance Company is not liable when the insured commits breach of the terms of the policy. The terms of the policy did not permit that a passenger could sit on the roof of the bus.;