NEW INDIA ASSURANCE CO LTD Vs. ZARINA

JUDGEMENT

(1.) THE appellant, the New India Assurance Co. Ltd., seeks to assail the judgment and award of the Motor Accidents Claims Tribunal dated 10.02.2003, whereby a sum of ` 1,80,000/- with interest at the rate of 9% per annum for 9 years was awarded in favour of the respondents No.1 to 4/claimants and against the appellant.

(2.) THE essential facts leading to the passing of the aforesaid award are not in dispute. On 09.12.1984, one Fazruddin while going on a bicycle was hit by a truck bearing No.DHL-3096, being driven in a rash and negligent manner by the respondent No.5. He sustained grievous injuries to which he succumbed. THE legal heirs of the deceased filed a Claim Petition under Sections 110A and 92A of the Motor Vehicles Act, 1939 claiming compensation in the sum of ` 2.5 lakhs on account of his untimely demise from the respondent No.5-the driver of the offending truck, the respondents No.6 and 7-the joint owners of the truck and the appellant/Insurance Company-the insurer of the offending truck. After conducting an enquiry, the Motor Accidents Claims Tribunal held the appellant-Insurance Company liable to pay compensation to the respondents No.1 to 4 and passed an award as set out hereinabove. Aggrieved by the aforesaid award, the appellant has preferred the present appeal.

(3.) HAVING perused the records of the Motor Accidents Claims Tribunal, including the insurance policy (Ex.RW1/1), I am of the view that the judgment and award of the learned Tribunal is liable to be set aside to the extent prayed for by the appellant-Insurance Company. I say so for the reason that a bare glance at the carbon copy of the policy (Ex.RW1/1) affirms the fact that the liability of the Insurance Company in terms of the insurance policy issued by it was limited to ` 1,50,000/- only. RW1 Yogesh Chand Gupta, an official from the appellant-Insurance Company, appeared in the witness-box to state on oath that he had brought the attested true copy of the policy No.4518356239/968, which was issued on 18th February, 1984 in the name of M/s. Kamruddin & Johny, Village Chaudullah, Police Station Mehrauli, New Delhi in respect of truck No.DHL-3096. He proved on record the carbon copy of the policy as Ex.RW1/1 and deposed that as per RW1/1, the liability of the Insurance Company was limited to ` 1,50,000/- and that the policy had been issued from 18th February, 1984 to 17th February, 1985. The testimony of this witness was not challenged in cross-examination nor any evidence in rebuttal was led.