VIJAYALAKSHMI Vs. RAJASEKHARAN NAIR

JUDGEMENT

(1.) The apex court as per order in Civil Appeal No. 754/1999 has remanded M. F. A. No. 209/90 for consideration by this Court. The Apex court ordered as follows:

(2.) Thus the point involved for consideration is in a narrow campus viz the extend of liability to be fastened on the insurer in the light of the decision reported in New India Assurance Co. Ltd. v. C.M. Jaya and Others ( AIR 2002 SC 651 ).

(3.) The appellants are the defendants and legal representatives of a deceased in a motor accident occurred on 26.9.1986. The tribunal below awarded a total compensation of Rs. 1,99,650/-. Dissatisfied with the compensation this appeal has been filed. Appeal has been allowed by this court on 11.11.1994 enhancing the compensation to Rs. 5 lakhs. Rejecting the contention of the insurer that in terms of the policy the liability of the insurer was limited only to the extent of Rs. 50,000/-, this court while disposing the appeal on the earlier occasion, fastened the entire liability on the insurer, as the policy containing the restriction clause was not properly tendered in evidence and marked. That judgment was taken up in appeal by the insurer before the Supreme Court. It is in that appeal the Supreme Court has remanded the matter, as mentioned above.