THE NEW INDIA ASSURANCE CO. LTD. THROUGH ITS MANAGER (LEGAL) NEW INDIA ASSURANCE CO. LTD. Vs. SMT. VIJAY KUMARI THAKUR W/O. LATE SHRI SHYAM SUNDER THAKUR AND ORS.

JUDGEMENT

(1.) IN this appeal, there is a challenge to the award dated 19th January, 2004, passed by Motor Accident Claims Tribunal (for short as "Tribunal.).

(2.) BRIEF facts of this case are that Shyam Sunder Thakur (since deceased) died in a road accident on 26th September, 1985. Vide impugned award, legal heirs of deceased were awarded compensation for sum of Rs. 3,75,000/ - along with interest and appellant was directed to make the payment of award amount.

(3.) IT is contended by learned Counsel for appellant that despite liability of appellant being a limited one, the Tribunal erroneously directed the appellant to pay entire awarded amount to the claimants. However, before fastening the liability upon the insurers, Tribunal had not recorded a finding in the impugned award that any higher premium had been paid by the insured to extend the limits of liability under the policy.