UNITED INDIA FIRE AND GENERAL INSURANCE CO LTD Vs. PARVATHAMMA

JUDGEMENT

(1.) O.P. No. 19 of 1975 on the file of the Motor Accidents Claims Tribunal, Chittoor, was filed by one Pogaku Parvathamma, wife of Venkatrayappa, Madnapalle, Chittoor District, claiming compensation of an amount of Ks. 20,000/- for the injuries caused 10 her by reason of an accident due to the rash and negligent driving of a bus, A.P. C. 6311 near Sanatorium Church of Madanapalle on 1-8- .974.

(2.) The petitioner's case was that she was travelliag in the aforesaid bus while going to her village Chinnahippa Samudram. While the bus was proceeding to that village, it turned turtle near Sanatorium 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 13-8-1974 claiming the aforementioned compensation. Having received no satisfactory reply, she filed the aforesaid O.P. against the two respondents. It may the mentioned here that the aforementioned bus was insured with the United India Fire and General Insurance Company under an Insurance Policy, Ex. B-3 dt 19-11-1973. That policy covered the loss to the bus and also what is generally known as a 'third-party risk. So far as the loss to the bus was concerned, the liability of the insurer was limited to a sum of Rs. 5,000/-. So far as the third-party risk was concerned, no specified amount was mentioned. But it was stated : "Subject to the limits of liability, the company will indemnify the insured against all sums including claimant's case and expenses which the insured shall become legally liable to pay in respect of: (i) death or bodily injury to any person caused by or arising out of the use (including the loading and/or unloading of the motor vehicle). (ii) damage to property caused by the use (including the loading and/or unloading of the motor vehicle") The Accidents Claims Tribunal, Chit hoor, by its order dt. 27-6-1979 up held the claim of the petitioner, but awarded only Rs. 12,000/-with proportionate costs towards compensation payable by the owner of the bus (1st respondent) and the insuring company (2nd respondent).

(3.) Against this order and Award of the Accidents Claims Tribunal the owner of the bus filed no appeal. But the Insurance Company which had insured the bus not only against any loss or damage that might occur to it, but also against third-party risk preferred this appeal, to this appeal, both the victim of the accident as well as the owner of bus have been made parties.