- (1.) Heard learned counsel for the parties.
(2.) A very short issue, involved in the dispute, is primarily between the appellant Insurance Company and the respondent No. 1 Rajasthan State Road Transport Corporation (hereinafter called as 'Corporation'). The respondent No. 2 claimants as dependents of deceased Sajjan Bai w/o Claimant No. 1 and mother of claimant No. 2 had lodged a claim before the Motor Accident Claims Tribunal, Banswara in respect of an accident, which took place on 20.4.1983, resulting in death of Smt. Sajjan Bai, who was a passenger in the Bus.
(3.) The facts, not in dispute, are that the respondent No. 1 R.S.R.T.C. had hired a bus on contract from its owner to be plied by it for its own business and the vehicle was being run under its control and instructions as a Corporation vehicle at the time of the accident took place. The vehicle was insured with the present appellant by the owner of the vehicle, from whom, the Corporation has acquired the vehicle on contract. The Corporation as well as Insurance Company had paid compensation to the tune of Rs. 15,000/- each as "No Fault Liability", to the claimants to be adjusted against the claim, as may be awarded by the Tribunal, if it is more than Rs. 15,000/-.;