NEW INDIA ASSURANCE COMPANY Vs. ENA SETHI

JUDGEMENT

(1.) THIS order shall dispose of appeal Nos. 231, 232 and 233 of 1980. The Insurance Company has filed these three appeals arising out of the same accident, against the order of the Motor Accidents Ciaims Tribunal, dated 20-2-80. They are covered by the common judgment.

(2.) THE Insurance Company in its memo of appeal has raised some legal submissions and some submissions on merits. The Insurance Company cannot in law challenge the award on merits. I would, therefore, deal only with the legal questions that are raised.

(3.) IT is then submitted that the liability should have been separately assorted and detailed in the Tribunal's award for the owner, the driver of the vehicle and the Insurance Company because the Tribunal's award fixes joint and several liability. This submission also has no merit in view of the fact that the liability of the Insurance Company has been held to be unlimited.