NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHASHI KUMAR

JUDGEMENT

(1.) The present appeal is filed by the New India Assurance Co. Ltd. against the judgment dated July 6, 1987 of the Motor Accident Claims Tribunal, Delhi. The learned counsel has only confined his relief to the question of limited liability of the Company to the extent of Rs.50,000.00. He has otherwise not impugned the award. The claim petition was filed by Shashi Kumar, respondent-claimant for a sum of Rs.2,50,000.00 on account of the injuries sustained by him in a road accident. The said Shashi Kumar was working as Senior Project Engineer in M/s.Bhargava Consultants and drawing a salary of Rs.2500.00 per month. He started from his house on March 12,1980 at about 9.30 A.M. on motor-cycle No. ATX 9853 for his office situated in East of Kailash. When he reached near Durga Mandir truck bearing No. DLG 6174 came from the opposite direction at a high speed and came on the wrong side all of a sudden and hit the motor-cycle of the respondent-claimant who was going on his right side at a normal speed. Due to the impact of the accident, the respondent- claimant fell down and sustained serious injuries on his right thigh, leg and foot. The motor-cycle of the respondent-claimant was also badly damaged. He was removed to Dr.Ram Manohar Lohia where he remained as indoor patient from March 12, 1980 to August 6, 1980 and subsequently was operated on June 10, 1980. The legs of the respondent were plastered on 5th August, 1980 and he was discharged from the Hospital on August 6, 1980. He claimed a sum of Rs.2,50,000.00 on account of treatment, special diet, conveyance charges, loss of future prospects and damage to the motor cycle as well as for mental pain and agony. Written statement was filed by the appellant Insurance Company as well as by the owner and driver of the offending vehicle. The Insurance Company, appellant herein, took the plea that its liability was limited to the extent of Rs.50,000.00

(2.) On pleadings of the parties the following issues were framed:

(3.) Issue No.1 was decided in favour of the respondent-claimant and it was held that he sustained injuries on account of the alleged accident. The total amount of compensation awarded in favour of the claimant was in the sum of Rs. 1,47,302.26. There is no challenge to this award except to the extent that the liability of the Insurance Company cannot exceed Rs.50,000.00. The Tribunal has examined the evidence on record and came to the conclusion that the appellant. Insurance Company had failed to prove the Policy showing the limited liability and, therefore, rejected its claim. The appellant Company was, accordingly, held liable to pay the awarded amount.