UNITED INDIA FIRE AND GENERAL INSURANCE COMPANY LIMITED Vs. POGAKU PARVATHAMMA

JUDGEMENT

(1.) O.P. No. 19 of 1975, on the file of the Motor Accidents Claims Tribunal, Chitoor, was filed by one Pogaku Parvathamma, wife of Venkatrayappa, Madanapalli, Chittoor District, claiming compensation of an amount of Rs. 20,000 for the injuries caused to her by reason of an accident due to rash and negligent driving of a bus, APC 6311, near Sanatorium Church of Madanapalle on August 1, 1974.

(2.) The petitioners case was that she was traveling in the aforesaid bus while going to her village Chinnathippa Samudram. While the bus was proceeding to her village, it turned turtle near the Sanitarium Church, Madanapalle, when the petitioner was injured all over her forehead. Her lower tooth in the lower jaw was broken and another had become loose. The petitioner issued a notice to the bus owner, K. Narayana Reddy, and to the United India Fire and general Insurance company Ltd., Madras, on 23/08/1974, claiming the aforesaid compensation. Having received no satisfactory reply, she filed the aforesaid O.P. against the two respondents. It may be mentioned that the above mentioned bus was insured with the United India Fire and General Insurance Co., under an insurance policy, Ex. B-3, dated 19/11/1973. The policy covered the loss to the bus and also what is know as "third-party risk". So far as the loss to the bus was concerned, liability of the insurer was limited to the sum of Rs. 50,000. So far as the third-party risk was concerned, no specified amount was mentioned. But it was stated :

(3.) The Accidents Claims Tribunal, Chittoor, by its order dated 27/06/1979, upheld the claim of the petitioner, but awarded only Rs. 12,000 with the appropriate costs towards compensation payable by the owner of the bus (1st respondent) and the insurance company (2nd respondent).