NEW INDIA ASSURANCE COMPANY LIMITED Vs. VIDYUTKUMAR SHANTILAL

JUDGEMENT

(1.) The New India Assurance Co. Ltd., appellant has filed this appeal against the award dated 28-3-1988 rendered by the Motor Accident Claims Tribunal, Ahmedabad.

(2.) Brief facts are that the applicant respondent No. 1 was walking on foot on the road from Paldi to Kocharab Ashram on 10-12-1983. The respondent No. 2 was driving his auto-rickshaw and was coming from behind. He was allegedly driving the auto-rickshaw rashly and in a negligent manner. He knocked down respondent No. 1 from behind as a result of which, he sustained serious injuries. The injured was taken to the hospital of Dr. Suman Shah. He filed the claim petition and claimed compensation of Rs. 3,50,000.00. The Tribunal, however, allowed the petition partly and awarded compensation of Rs. 2,95,000.00 with 12% per annum interest from the date of the application till payment with proportionate costs.

(3.) In this appeal, a short point is involved for determination. Shri Rajni H. Mehta, learned Counsel for the appellant has argued that the liability of the Insurance Company while insuring the auto-rickshaw could not exceed Rs. 50,000.00. This fact was overlooked by the concerned tribunal and the tribunal was in error in upholding unlimited liability of the insurance company. Learned Counsel Shri B. G. Patel and Shri M. D. Pandya were heard. We have considered the provisions of Sec. 95(2) of the Motor Vehicles Act, 1939 and also the award of the tribunal as well as the insurance policy and motor tariff.