UNITED INDIA INSURANCE COMPANY LTD GOBI Vs. RAJAMMAL

JUDGEMENT

(1.) THIS appeal is by the Insurance Company against the award of the Claims Tribunal in M.C.Op. No. 24 of 1984 for a sum of Rs. 76,800/- in favour of the claimants respondents 1 to 4 herein, who are the legal representatives of the deceased, who died in the motor accident that took place on 10.1.1983 at 6.00 PM. The vehicle involved in the accident is MDB 9318 and it has knocked down the deceased while he was going in a cycle.

(2.) ONLY a short question is involved in this appeal. As per the claim of the appellant Insurance Company. Its liability is only limited to Rs. 50,000/-. But the Tribunal below has not apportioned the above said Award amount accordingly. For not apportioning the Award amount, the Tribunal below relies on the decision in Mehta Madan Lal v. National Insurance Co. Ltd. AIR 1983 S.C. 1136 and has held that the owner of the vehicle and the Insurance Company are jointly and severally liable.

(3.) IN the result, the Award of the Tribunal is modified, restricting the appellants liability only to a sum of Rs. 50,000/- out of the total sum of Rs. 76,800/- awarded by the Tribunal below. IN other respects, the Award will stand. Accordingly the appeal is allowed with costs. The cross-objection is dismissed, but without costs.