NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANJU AGGARWAL

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to the judgment dated 31.08.1998 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.5,00,000/- for the death of Ram Prakash Aggarwal, the Appellant's plea of limited liability to the extent of Rs.50,000/- in terms of the contract of Insurance between the Appellant and the Insured (the owner of the truck No.RSL-8765) was rejected. The Appellant was directed to pay the entire compensation of Rs.5,00,000/- as awarded by the Claims Tribunal.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of truck No.RSL-8765, by the Fourth Respondent and owned by the Fifth Respondent.

(3.) THE sole ground of challenge is that the Appellant having successfully proved the insurance policy and the payment of premium of Rs.125/- to cover the third party risk, the Insurance Company's liability was limited to Rs.50,000/- only. The Fifth Respondent being the insured and the owner of the vehicle was expected to be in possession of the original insurance policy. The owner did not produce the original insurance policy. The copy of the policy Ex.RW-1/1 should have been relied upon by the Claims Tribunal to hold that the Appellant's liability was limited to Rs. 50,000/-.