NATIONAL INSURANCE COMPANY LIMITED Vs. SHEEBATH RAHIMAN BEEVI

JUDGEMENT

(1.) The insurer has come up with this appeal impugning the award in O.P. (MV) 1210/87 on the file of the Motor Accidents Claims Tribunal, Ernakulam. A vehicle owned by the Cochin Port Trust met with an accident and one Iqbal succumbed to injuries. Respondents 1 to 5 in the appeal approached the Tribunal. Though claimants had claimed a larger amount they limited their claim to Rs.4 lakhs. The Tribunal found that the deceased had also contributed his part for the occurrence of the accident to the extent of 25%. The Tribunal found that the claimants were entitled to a total compensation of Rs.4,18,000/- and deducted 25% therefrom and awarded a sum of Rs.3,99,000/-. This award is under challenge at the instance of the insurer.

(2.) Three contentions are urged; (i) there is limit of liability in terms of policy Ext.B4 under S.95(2) of the Motor Vehicles Act, 1939, (ii) it is a private carrier as defined in terms of S.2(22) of the Motor Vehicles Act and (iii) the compensation calculated was in excess of the claim which was limited to Rs.4 lakhs.

(3.) We will examine the second contention, as an answer thereto may perhaps relieve us from considering the contention as to the limit of liability; because, in respect of a private vehicle, it is admitted by the appellant that there is no limit of liability. S.2(22) of the Motor Vehicles Act, 1939 reads as follows: -