SRISAILAM DEVASTANAM Vs. BHAVANI PRAMILAMMA

JUDGEMENT

(1.) This civil Miscellaneous Appeal arises against the common judgment in O.P. Nos 230 and 232 of 1975, on the file of the Court of the Motor vehicles Accidents claims Tribunal (Ist Additional District Judge) Guntur. The appellant herein is srisailam Devastanam, hereinafter called "Devasthanam". The first respondent in O.P. No 230 of 1975. The lower Tribunal awarded compensation to the petitioners in o.P No. 230 of 1975. The lower Tribunal awarded compensation to the petitioners in O.P. No. 230/75 in a total sum of Rs. 16,600/- Devasthanam filed the above appeal against the award limiting the liability of the Insurance company hereinafter called "company' viz., the second respondent in the said O.P. for a sum of Rs. 5,000/-

(2.) The petitioners in O.P. No. 230/75 laid their claim for a sum of Rs. 53,000/- on various counts. As the lower Tribunal granted only Rs. 16,600/- dissatisfied thereby they filed cross-objections for the balance amount of Rs. 36,400/-

(3.) In this appeal Devasthanam impleaded the company as respondent No. 5 contending that the company has to bear the entire liability of Rs. 16,600/- on the ground that the vehicle was insured with third party risk and that the company has undertaken to reimburse the unlimited liability in terms of the insurance policy Ex. B-1. The petitioners-legal representatives of the deceased are impleaded as respondents 1 to 4. The first respondent is the widow respondents 2 and 3 are minor daughters and the 4th respondent is the father of the deceased for brevity, they are called "claimants".