KISHORE LAL SHANKAR Vs. S. QURESHI AND OTHERS

JUDGEMENT

(1.) By this order, I shall dispose of the appeal as well as the cross-objections pertaining to the order of the Motor Accidents Claims Tribunal dated July 24, 1981 by which the Tribunal had awarded compensation of Rs. 16,246/- with costs against all the respondents before the Tribunal but has limited the liability of the Insurance Company, respondent No. 3, to the tune of Rs. 8,700.00 with the direction that if the amount is not paid within 60 days, the amount shall carry the interest of 6% per annum from the date of the award till realisation.

(2.) The learned Counsel for the appellant has contended that the Tribunal had went wrong legally in limiting the liability of the Insurance Company to the tune of Rs. 8,700.00 only. He has urged that according to the terms of the Insurance Policy, the liability of the Insurance Company was limited to Rs. 50,000.00 and thus, the whole of the amount awarded by the Tribunal should have been made recoverable from the Insurance Company.

(3.) The findings of fact given by the Tribunal are not challenged before me that the claimant suffered the injuries on account of the accident caused by the appellant's vehicle No. DHP 165 when it was being driven by his driver in a gross, negligent and rash manner. The Tribunal had awarded Rs. 1,500.00as conveyance, medical treatment and special diet expenses, Rs. 3,000.00 for the pain and suffering, Rs. 2,500.00 for the financial loss suffered by the claimant and Rs. 9,546/- as the expenses incurred on the repair of the Jonga Jeep which was being driven by the claimant.