Judgement

VENKATARAMIAH, J. :- The petitioner was the owner of a bus bearing No. KLD-9327 which was being run as a stage carriage. On 24-7-1978 while the said bus was carrying passengers it met with an accident and Saheeda, who was one of the passengers in the bus, died as a consequence of the said accident. The accident took place, according to the Motor Accidents Claims Tribunal, due to the negligence on the part of the driver of the vehicle who had been employed by the petitioner. The Tribunal found that the compensation payable by the petitioner to the legal representatives of Saheeda was Rs. 56,800/-. It, however, held that the liability of the insurer to indemnify the petitioner was limited to Rs. 5,000/- as the policy specifically limited the insurers liability to what had been provided by S. 95(2)(b)(ii)(2) and (4), Motor Vehicles Act, 1939 (hereinafter referred to as the Act). Aggrieved by the decision of the Tribunal the petitioner filed an appeal before the High Court of Kerala. The said appeal was dismissed. This petition is filed under Art. 136 of the Constitution for special leave to appeal against the judgment of the High Court.

2. The contention of the petitioner befo