NEW INDIA ASSURANCE CO. LTD Vs. MANJULABEN

JUDGEMENT

(1.) IN a motor vehicle accident that took place on 2-3-1975 near Hingrai bus stand on the Idar-Himatnagar Highway, three persons viz. Pravinchandra Ramanlal, Rajeshkumar Mohanlal and Jethalal Bhogilal Soni sustained injuries and ultimately succumbed to the injuries. The heirs of Pravinkumar Ramanlal filed MACP No. 16 of 1975 claiming Rs. 80,000/- as compensation. The heirs of Rajeshkumar Mohanlal filed MACP No. 17 of 1975 claiming compensation of Rs. 18,000/- Different heirs of Jethalal Bhogilal who died in this accident filed different applications, viz. MAC Applications Nos. 19 of 1975 to 25 of 1975 each claiming Rs. 9999/- as compensation. The learned Motor Accidents Claims Tribunal, Sabarkantha at Himatnagar passed an award for Rs. 57,610/- in MAC Application No. 16 of 1975, for Rs. 14,000/-in MAC Application No. 17 of 1975, for Rs. 8,500/- in MAC Application No. 20 of 1975 and Rs. 8,000/- each in MAC Applications 19 of 1975 and No. 21 to 25 of 1975. The learned Tribunal directed that the liability of the Insurance Company shall be limited to Rs. 50,000/- in MAC Applications No. 19 of 1975 and to Rs. 50,000/- collectively in MAC Applications Nos. 19 and 21 to 25 of 1975. Being dissatisfied with the same, this appeal has been filed by the Insurance Company original opponent No. 3 in all the MAC Applications.

(2.) THE learned advocate Mr. S.N. Soparkar who appears for Mr. S.B. Vakil for the appellant in this appeal took us through the judgment of the learned Tribunal and also through the material evidence on record. He submitted that though three persons had lost their lives. it was only one accident and, therefore, the liability of the Insurance Company should be limited to Rs. 50,000/- collectively for all these MAC Applications. In view of the decision of the Supreme Court in the case of Motor Owners Insurance Co. Ltd. v. Jadavji Keshavji Modi and Ors. 22 GLR 1208 Mr. Soparkar was not able to satisfy us as to how his submission can be accepted. We, therefore, reject that contention.

(3.) AS a result of the aforesaid discussion, the appeal is dismissed with the following clarification that the liability of the Insurance company shall be limited to Rs. 50,000/- collectively for the awards passed by the Tribunal in MAC Applications Nos. 19 of 1975 to 25 of 1975, i.e. including MAC Application No. 20 of 1975. No order as to the costs of this appeal.