NATIONAL INSURANCE CO.LTD. Vs. JILUBHAI SIDABHAI KOLI

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 10.2.1992 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot, in MACP Nos. 16 and 43 of 1985 whereby the said claim petition was allowed and the claimant was awarded a sum of Rs. 84,000 and Rs. 1,02,000 along with interest at the rate of 12% per annum.

(2.) The claim petition was filed in pursuance of an accident which had occurred on 23.11.1984 at about 8.45 p.m. between near Navagam Bridge, when a bus bearing registration No. GTX 3076 collided with the motorcycle on which the deceased Shri Punabhai Surabhai Koli and Sidabhai Koli were travelling. The heirs and legal representatives of said deceased Punabhai filed Claim Petition No. 43/85 and the deceased Sidabhai filed Claim Petition No. 16/85. Both the claim petitions were heard together and the Tribunal passed the aforesaid award.

(3.) Mr. Sunil Parikh, learned Counsel for the appellant has contended that the policy at Ex. 23 is an Act Policy and in the circumstances the liability of the appellant is limited to Rs. 50,000 only. He has further contended that the Tribunal ought to have held that in view of the specific provisions contained in Section 95(2)(b) of the Motor Vehicles Act, the Insurance Company's liability in respect of persons other than passenger carried for hire or reward is limited to Rs. 50,000.