ORIENTAL INSURANCE CO LTD Vs. JOGINDER PAL SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.7.1994 of the Motor Accident Claims Tribunal, New Delhi in Suit No. 138/1988 whereby the Tribunal has awarded a sum of Rs. 1,80,000/- together with 12% interest on account of death of Sh.Gurbachan Singh aged 50, a three wheeler scooter driver involved with the accident on 24.4.1988 with vehicle no.DLP 6462 driven by Prakash Chand, the first respondent.

(2.) Brief facts of the case are as follows: -

(3.) It is contended by counsel for the Insurance Company, the appellant herein that liability of the Insurance, Company was limited to Rs.50,000/- only. He draws my attention to Section 95 of the Motor Vehicles Act (hereinafter referred to as the Act), 1939 as amended in 1982. He contends that since Section 95 of the Act limits the liability of Insurance Company to Rs.50,000/-. Any amount claimed higher than this amount should have been proved by the claimant and/or the owner of the vehicle.