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1990 Supreme(AP) 173

A.RAMANUJULU NAIDU, P.L.N.SHARMA
Mandulova Satyanarayana – Appellant
Versus
Bodiredoy Lokeshwari – Respondent


AMARESWARI, J.

( 1 ) THE claimants are the legal representatives of a person who was in the employment of the owner of the motor vehicle on the date of accident. He was working as a cleaner. The finding of the Tribunal is that the driver was guilty of rash and negligent driving. The said finding was not challenged. The Motor Accidents Claims Tribunal awarded a sum of Rs. 25,000. 00towards compensation, but held that liability of the Insurance Company is limited to Rs. 18,000. 00 only and is recoverable from the owners. The Tribunal limited the liability of the Insurance Company under the proviso to S. 95 (1) (b) (ii) of the Motor Vehicles Act, 1939 saying that the Insurance Company is liable only to the extent of the amount that can be awarded under the Workmen s Compansation Act, 1923. The owner of the vehicle has now preferred this appeal. The main contention in the appeal was that under the policy, Ex. B. 5 the Insurance Company had covered the liability in respect of the death of the driver and the cleaner to the extent of Rs. 50,000. 00 and the Tribunal was in error in limiting their liability to the amount award-able under the provisions of Workmen s Compensation Act. This ma




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