NEW INDIA ASSURANCE COMPANY LIMITED Vs. BIMLA AHUJA

JUDGEMENT

(1.) (oral).-While arguing this appeal Mr. Jain appearing for the appellant has made a very limited grievance. He is not aggrieved of the findings of the Motor Accident Claims Tribunal that the accident occurred due to rash and negligence of the driver of the offending vehicle nor is he aggrieved of the amount of compensation awarded to the claimants. Mr. Jain urges that in this case the liability of the insurance company appellant is limited to Rs. 50,000.00 only and that it could only be made liable to that extent and not beyond that.

(2.) Now adverting to the facts, it may be stated that on 12th of December 1973 at about 11.45 a.m. one Om Prakash Ahuja who was travelling on a motor cycle was crushed to death by theffending vehicle bus No. DLP 5096. Consequently, a petition under section 110-A of the Motor Vehicles Act, 1939 was filed before the Tribunal and the Tribunal by its order dated 16th of July 1980 made an award for a sum of Rs. 1,04,940.00 in favour of the petitioners in the claim petition and further directed that interest at the rate of 6 per cent per annum from the date of filing of the petition till the date of the final realisation of the awarded amount shall be paid.

(3.) The point before me for consideration is very short. I may at this stage, however, point out that Mr. Goyal did not deny me the assistance even though he maintains that Shri Sardari Lal Bhatia, senior counsel, was appearing for the claimants and that the brief has been withdrawn from him by the respondents. Mr. Goyal admits that there is no permission by the court for his withdrawal. The matter has been on my board and was expected to come up for final arguments at any time.