UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUREKHA BAKSHI

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 16.04.1998 passed by. a learned Judge of this Court whereby and whereunder an appeal filed by the appellant herein questioning an Award made by the Motor Accident Claims Tribunal (hereinafter for the sake of brevity referred to as, 'the Tribunal') was dismissed.

(2.) The deceased J.S.Bakshi was an Income Tax Officer. While going on a scooter with one Smt. Shashi Prabha Sehgal, who was riding on the pillion seat, an accident occurred when a three-wheeler scooter being driven by one Jasbir Singh in a rash and negligent manner collided with the scooter of the deceased. As a result of impact of the accident, the right leg of the deceased came under the wheel of the said three-wheeler scooter. He was removed to the hospital and ultimately he succumbed to his injuries on 08.05.1987.

(3.) The learned Tribunal on an application made by his heirs and legal representatives passed an Award of Rs.3,60,000/-. The defence of the appellant herein was that having regard to the provisions contained in Section 95 (2) (b) of the Motor Vehicles Act, 1939 (hereinafter for the sake of brevity referred to as, 'the said Act'), its liability was limited to Rs.50,000/-.