NEW INDIA ASSURANCE COMPANY LTD Vs. MAHA SINGH

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns a judgment dated 31.05.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.1,80,000/ - was awarded in favour of the Respondents No.1 and 2 for the death of Satya Narain, (their son) who was a bachelor and aged 18 years at the time of the accident.

(2.) THE only ground of challenge raised by the Appellant Insurance Company is that Baljit Singh, the insured and owner of the offending bus No.DEP -7329 died during pendency of the Claim Petition; a notice under Order XII Rule 8 CPC (Ex.RW -1/2) was served upon his legal representatives. A true copy of the insurance policy was proved as Ex.RW -1/5 to show that premium @ Rs.12/ - per passenger for 51 passengers was paid to cover the limited liability of Rs.15,000/ - per passenger and thus, the Appellant did whatever was possible to prove that its liability was limited, yet, the Claims Tribunal held that the Appellant failed to prove the insurance policy and that its liability was unlimited. It is urged that on the face of evidence, the conclusion reached by the Claims Tribunal is not tenable.

(3.) LEARNED counsel for the Claimants further argues that the number of Insurance Policy dated 07.11.2003 Ex.RW -1/2 was wrongly mentioned and this was not noticed at all.