NEW INDIA ASSURANCE CO LTD Vs. LAKHPATI

JUDGEMENT

(1.) In this appeal under Section 110D of the Motor Vehicles Act, 1939, the insurance company has raised a short point. It is urged that the liability of the appellant was limited to Rs. 50,000 according to the contract of insurance but the Tribunal has erred in fixing its liability to the extent of Rs. 65,000.

(2.) There is also a cross-objection filed by the claimants seeking enhancement in the amount of compensation awarded by the Tribunal. We have heard learned counsel for the parties as to the respective aspects raised by them and having perused the record, we are of the opinion that so far as the submission of the appellant is concerned, there is merit in the same. We have seen the policy which contains a specific column regarding the limits of liability. It has two columns, first of which is in the following terms :

(3.) As agafnst this column, the following words are mentioned :