1.0 This appeal is directed against the judgment and award dated 03.05.1996 passed by the Motor Accident Claims Tribunal, Bharuch ( Aux. ), in Motor Accident Claim Petition No. 686 of 1989 whereby the claim petition preferred by the claimant came to be partly allowed by awarding compensation in sum of Rs.50,000/ along with interest at the rate of 12% per annum from the date of filing of the application till the date of payment and proportionate costs.
2.0 On 13.01.1989, when the claimant was travelling in rickshaw No.
GHV. 1653 from Bharuch to Palej, the driver of the rickshaw lost control and therefore, the rickshaw turned turtle on the road. The claimant received injuries. He therefore, preferred the aforesaid claim petition, wherein the Tribunal has passed the aforesaid award, which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal erred gravely in interpreting the contention raised on behalf of the appellant to the effect that the company's liability is limited to the extent of Rs. 50, 000/.
4.0 Learned advocate appearing for the appellantInsurance Company further submitted that the learned Tribunal ought to have appreciated that statutorily also, under the provisions of section 92(2)(b) (ii) of the Old Motor Vehicles Act, 1939, the company's liability is limited to the extent of Rs. 15, 000/ only.
5.0 Learned advocate for the respondentclaimant submitted that in paragraph 14 of the judgement, the Tribunal has held that the liability of the insurance Company is Rs. 50,000/. Learned advocate for the respondentsclaimants does not press the cross objections filed by the claimant.
6.0 Heard learned advocate for the respective parties and perused the documents on record. In the present the case, the claimant was travelling in the rickshaw as passenger. As per Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment in respect of passengers, a limit of fifteen thousand rupees is fixed for each individual passenger. Hence, in view of the above provision and looking to the passengers, the limit per passenger is also mentioned as Rs. 15, 000/ whereas the Tribunal has awarded Rs. 50,000/ to the claimant. In that view of the matter the contention regarding the liability of Rs. 15, 000/ of the Insurance Company is required to be accepted.
7.0 In the premises aforesaid, the appeal is allowed. It is held that the claimant shall be entitled to a sum of Rs.15,000/ instead of Rs.50,000/.The Judgement and award of the learned Tribunal is modified accordingly. The excess amount will be refunded to the Insurance Company. If the claimants had already withdrawn the amount, the Insurance Company is at liberty to recover the amount from the owner of the vehicle. If the claimants have not withdrawn the amount, they can recover the amount from the owner of the vehicle. The appeal as well as CrossObjections stand disposed of accordingly. No costs.
(K.S.JHAVERI, J.) niru*