R L GUPTA Vs. JUPITOR GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) Special leave is granted.

(2.) Heard learned counsel for the parties. Claim was led under the provisions of S. 110-A of the Motor Vehicles Act to compensation. There were five deaths and injury to one person arising out of one accident. We find from the assessment of compensation made by the tribunal that in regard to death of two persons being Ram Joti and suresh has been determined at Rs. 8,000. 00 each while for others a fair compensation has been given. But relying upon the provisions of the Motor vehicles Act, liability of the insurer had been fixed at Rs. 50,000. 00. The question as to why the low compensation had been given in regard to two of the persons was neither raised nor examined in the High court, possibly on account of the fact that while contending for the liability of the insurer to satisfy the award no specific dispute over the quantum of compensation in regard to the two deaths had been raised. Interest wasgranted on the compensation amount at 6 per cent from the date of the claim.

(3.) Two questions, therefore, have been raised.