PADMA SRINIVASAN Vs. PREMIER INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal by certificate of fitness arises out of the judgment of the Karnataka High Court dated Jan. 9, 1976 in. Misc. First Appeal No. 19 of 1973.

(2.) On April 5, 1970, the appellant's husband was driving a scooter, MYL 8574, on the Kasturba Road, Bangalore, when a goods truck, MYT 3298, knocked him dead. The owner of the truck had taken a statutory insurance policy with the respondent. The Premier Insurance Co. Ltd., Gandhinagar, Bangalore, which was operative from June 30, 1969 to June 29, 1970. The appellant filed an application before the Motor Accidents Claims Tribunal, Bangalore, under S. 110-A of the Motor Vehicles Act, 1939, seeking compensation for her husband's death. The respondent denied its liability on the ground, amongst others, that its record did not disclose that it had issued any insurance policy in respect of the particular truck. On a consideration of the entire evidence, the Tribunal passed an award on Nov. 20, 1972, holding that the appellant was entitled to recover compensation in the sum of Rs. 60,000 for herself and her children. The Tribunal. limited the liability of the respondent-insurer to a sum of Rs. 50,000.

(3.) The respondent filed an appeal in the High Court contending that on the date on which the insurance policy was alleged to have been issued by it, its statutory liability was limited to a sum of Rs. 20,000 only and, therefore, the Tribunal was in error in passing an award against it in the sum of Rupees 50,000. This contention was accepted by the High Court and hence this appeal by the claimant.