NATIONAL INSURANCE COMPANY LIMITED Vs. KAMLA DEVI

JUDGEMENT

(1.) Admit.

(2.) This letters patent appeal has been preferred by the National Insurance Company Ltd. against the judgement of the learned Single Judge in FAO.141/91 and CM.372/92 dated 9.5.1995, by which the learned Single Judge allowed the appeal filed by the owner/insured and held that the liability of the insurance company was unlimited and not limited to Rs.1,50,000.00 as held by the Motor Accident Claims Tribunal. The MACT had based on the policy of insurance and the documents filed on record, viz. the proposal form, insurance policy cover note, renewal endorsement, etc., held that the liability of the appellant insurance company was limited to Rs.1,50,000.00 . It may be noted that the appellant had earlier moved the learned Single Judge with an application for re- hearing, praying that the impugned judgement dated 9.5.1995 had been passed without hearing the appellant's counsel. The learned Single Judge granted the re-hearing, but vide its order dated 28.7.1995 held that no change was warranted in the impugned judgement dated 9.5.1995.

(3.) The quantum of compensation is not in issue in the present appeal filed by the insurance company. The facts giving rise to the present appeal may be briefly noted:-