NATIONAL INSURANCE COMPANY LIMITED Vs. NATHILAL

JUDGEMENT

(1.) This appeal is preferred by the appellant-Insurance Company against the judgment and order dated 10-12-1993 of the Rajasthan High Court in Civil Misc. Appeal No. 394/93.

(2.) Brief facts are the following:- Respondents 1 and 2 filed a Claim Petition under Section 110-A of the Motor Vehicles Act, 1939 claiming damages in a sum of Rs. 6,50,000/- for the death of their son, Akhilesh Kumar, aged about 22 years. The deceased Akhilesh Kumar was travelling in a Jeep bearing No. RST-1286 along with three other adults and two children from Jaipur to Sawai Madhopur when the accident took place on 4th/5th May, 1998 (sic) at about 1.15 a.m. Before the Motor Accident Claims Tribunal (for short 'Tribunal') the appellant took a stand that its liability was restricted to a sum of Rs. 15,000/- under the Policy. The said stand of the appellant was not accepted by the Tribunal and by its Award dated 27-2-1993 it held that the liability of the appellant was unlimited and awarded a compensation in a sum of Rs. 2,44,000/- with interest at the rate of 12% per annum.

(3.) Aggrieved by the Award of the Tribunal, in particular, the finding that the Insurance Company's liability was unlimited, the appellant-Insurance Company preferred an appeal to the Rajasthan High Court.