( 1 ) THIS is an appeal by insured-owner of the vehicle from the judgement and award dated 1-2-1994, delivered by Sri k. Rajashekhar, ii additional district judge/member, motor accidents claims tribunal-iii, d. k. , mangalore, in m. v. c. case No. 468 of 1988, whereby the tribunal has awarded the claimants respondents a sum of Rs. 64,000/- as total compensation less Rs. 15,000/- award received from respondent 3 in the claim petition namely from united India insurance company.

( 2 ) THE tribunal, to be in brief, held as under: that, the motor accident was due to negligence of the driver-respondent 1 of the vehicle as also contributory negligence of the deceased balakrishna, which, had taken place on 25-3-1988 and on account of which balakrishna had died of the injuries suffered by him. The tribunal after having recorded about the negligence and contributory negligence further held that the liability of the insurance company has been limited to the extent of Rs. 15,000/- and the insurance company was liable to pay Rs. 15,000/- only and not more, while the balance of Rs. 49,000/-, the tribunal found and held, to be recoverable from respondent 2-the owner of the bus.

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