UNITED INDIA INSURANCE CO LTD Vs. MANJULABEN

JUDGEMENT

(1.) This appeal is directed against the judgement and award dated 07.08.1990 passed in M.A.C.P No. 760 of 1984 by Motor Accident Claims Tribunal (Main), Palanpur whereby the petition filed by the opponent was partly allowed by awarding sum of Rs. 1, 97,000/- together with interest 12% p.a. from the date of application i.e. 18.08.1994 till realization and proportionate costs.

(2.) The claim petition was filed in pursuance of an accident which had occurred on 08.06.1984 at about 12.30 p.m. near Vejalpur bus stand. When the deceased along with his wife and children travelled in Rickshaw from Gidhra to Vejalpur and when the rickshaw dropped the passengers near S.T. Stand Vejalpur and having received the fare, took a sudden turn knocking down Rameshchandra and the rickshaw turned turtled turtle and the deceased was crushed under the rickshaw and succumbed to the injuries. The widow and minor children have filed Claim Petition No. 760 of 1984 for claiming an amount of Rs. 3, 14, 150/-, by way of compensation. The claim petition was partly allowed by awarding a sum of Rs. 1,97,000/- together with interest @ 12% p.a. from the date of application i.e 18.08.1984 till realization and proportionate costs.

(3.) Learned advocate for the appellant has contended that in view of the specific provision contained in Section 95(2)(b)(ii) of the Motor Vehicles Act, the Insurance Company's liability in respect of passenger carried for hire or reward is limited to Rs. 50,000/-. The relevant part of the said section as existing at the time of accident reads as under: ?95.(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely:-