NEELAM SANJIVA REDDY, J.

( 1 ) THE New India Assurance Company Limited-second respondent in o. P. No. 164 of 1990 on the file of Motor Accidents Claims Tribunal-cum- additional District Judge, Madanapalle, preferred this appeal against the order passed on 23-4-1992.

( 2 ) S. Somasekhar died on 25-9-1989 while travelling as passenger in the bus TNM-4959 in a motor vehicle accident caused due to rash and negligent driving of the said bus by its driver. His mother, wife and children preferred the above claim for a total compensation of Rs. 2,50,000/- from the owner and insurer of the bus involved in the accident. The claim was resisted. The Tribunal, after due enquiry, awarded a total compensation of rs. 1,39,000/- against both the owner and insurer. The insurer aggrieved by the above award preferred this appeal.

( 3 ) SRI Kota Subba Rao, learned Counsel for the appellant submits that the liability of the insurer-appellant is to the extent of Rs. 15,000/- only for each passenger travelling in the bus and the award passed contrary to the insurance policy is erroneous and liable to be set aside.

( 4 ) IT is seen from the claim petition that the claimants have given only the name of the o

Click Here to Read the rest of this document