UNITED INDIA INSURANCE COMPANY LIMITED Vs. KAMLA

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) The learned counsel for the appellant has contended that in view of the nature of the insurance policy in question and the provisions of section 95 of the Motor Vehicles act as it stood before the amendment of 1988, the liability of the applicant insurance company is limited to a sum of Rs. 50,000. 00 and the award allowing Rs. 1,92,000. 00 is fit to be set aside. The High Court dismissed the appeal in limine in one word without assigning any reason whatsoever. Having considered the questions raised on behalf of the parties, we think it was a proper case for the High court to have admitted the appeal and disposed of the same by a reasoned order.

(3.) Accordingly, we allow this appeal, set aside the impugned judgment and remit the matter to the High Court for decision in accordance with law. There will be no order as to costs of this court.