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Head Note

Motor Vehicles Act,1988  - Section 149 , Section 147 (1)

Motor Accident - Bus carrying 90 passengers against carriage permit of 42 passengers - Bus insured for 42 passengers - Bus fell in Nallah - 26 passengers died and 64 injured - Insurance company liable meet awards in respect 42 passengers and not more - Compensation shall be payable to all the 90 passengers in following manner -Tribunal shall take into account sum total of higher 42 awards and direct the company deposit the amount - Tribunal will thereafter distribute the amount to all claimants - Claimants entitled to recover balance from owner of vehicle.

Topic(s)-

Important Decision(s)- 

• Bus carrying 90 passengers against carriage permit of 42 passengers - Insurance company liable meet awards in respect 42 passengers and not more.
• Claimants entitled to recover balance from owner of vehicle.