A.K.MATHUR,J. - (1.) THIS is a Misc. Appeal against the award given by the Motor Accident Claims Tribunal dated 9th October, 1986.
(2.) THE brief facts are that a claim was filed by the respondent No. 1 to 5 against the National Insurance Co. and Radha Kishan and Natwar respondent No. 6 and 7 with the allegation that on 24th June, 1982 the Bus No. R.J.L. 9036 belong to Radha Kishan was driven by Natwar on the route of Banswara to Khandu in a rash and negligent manner. At about 2 -30 P.M., the bus got out of control near Chhatripara and it over turned as the result of this over turning. Balia who was the passenger in the bus crushed under the bus and died as a result of this accident. The Balia was a Baildar and he was on daily wages and earning a sum of Rs. 9/ - per day i.e. Rs. 270/ - per month. He was aged 40 years. Therefore, the dependents of Balia filed the present claim before the Tribunal after recording necessary evidence and hearing both the parties awarded a sum of Rs. 28,080/ - and distributed the aforesaid amount proportionately to the claimants. Aggrieved against this award the National Insurance Co. has filed present appeal on the ground that according to Section 95 Sub -section (2)(ii)(4) as it stood at that time, the time of accident is only liable to pay a sum of Rs. 5,000/ -. In this present appeal only this limited question has been agitated by the Insurance Co. that the Court below has completely lost sight of statutory liability under the Act. The respondents have contested the appeal.
(3.) I have heard both the learned Counsel for the parties and the question which falls for determination in the present appeal is that what it the statutory liability of the National Insurance Co. Under Section 95 Sub -section (2)(ii) Sub -clause 4. The provision reads as under: Subject to the limits aforesaid, ten thousand rupees for each individual passenger where the vehicle is a motor cap, and five thousand rupees for each individual passenger in any other case. ;