- (1.) Jeep No. RST 697 and Bus No. RJB 2322 collided with each other on 7.5.1987 at about 3.30 p.m. on Chomu Ringus Road resulting in death of four occupants Ghisa Ram, Sunda Ram, Govind Ram and driver of Jeep Mohammad Ali. The legal heirs of the deceased persons filed claim petitions. The learned Tribunal after recording the evidence of parties and on the basis of documents held that the accident occurred due to rash and negligent driving of the bus by its driver Dayal Chand and awarded compensation alongwith interest at the rate of 12% from the date of claim petition. The appellant National Insurance Company has insured the bus.
(2.) It is submitted by the counsel for the appellant that the liability of the Insurance Company will have to be determined in accordance with Section 95 of the Motor Vehicles Act which is a fix starotory liability under the Act. It was found by the Court that the premium paid to the Insurance Company for liability to the public risk was Rs. 240/-. The ordinary payment for "Act only" liability is Rs. 200/- for covering the said risk. Thus the Insurance Company was paid extra premium for the liability to the public risk and the only inference which can be drawn that Rs. 40/- were charged extra for covering the liability of death and bodily injury of the third party accepting the unlimited liability in respect to the death and bodily injury of the third party. The premium which would be required to pay for "Act only" policy would have been Rs. 200/- only and when extra premium was charged the Insurance Company has taken the responsibility to indemnify owner of the vehicle insured to unlimited liability. The learned Single Judge ha' rightly passed on the liability jointly and severally on the Insurance Company alongwith the owner insured and the Driver of the vehicle.
(3.) For the reasons given above, the appeal is dismissed.;