NATIONAL INSURANCE CO LTD Vs. THIPPAWWA

JUDGEMENT

(1.) THIS M. F. A. is preferred by the insurance company against the judgment and award dated 20. 7. 1990 passed in M. V. C. No. 4 of 1988 by the M. A. C. T. , Belgaum at Belgaum.

(2.) THE short facts are that there was an accident on 30. 9. 1987 while the claimant was travelling in autorickshaw bearing registration No. MEH 7865 belonging to the respondent No. 2 driven by the respondent No. 1, which resulted in compound fracture of tibia and fibula. The autorickshaw dashed against a parked bullock-cart. Claiming a compensation of Rs. 1,25,500, the claimant came to the court and the Tribunal has chosen to award a global compensation of Rs. 40,000 against all the respondents directing in particular the respondent No. 3 before the Tribunal, namely, the insurance company primarily liable to pay the said award amount.

(3.) THE appeal preferred by the insurance company confined only to the apportionment of liability under section 95 (2) (b) of the Motor Vehicles Act, 1939. No other point was raised in the appeal and the learned counsel confined himself only to the question of maximum liability under the insurance policy.