NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHIMLA DEVI

JUDGEMENT

(1.) Feeling aggrieved by the award of an amount of Rs. 1,41,500 in the proceeding under the Motor Vehicles Act as just compensation to the dependants of the deceased Genda Lal, who met his untimely death in an accident involving the motor vehicle, a jeep, the insurer appellant has now come up in appeal seeking redress praying for the setting aside of the impugned award.

(2.) We have heard learned counsel for the insurer appellant and have also perused the record.

(3.) The learned counsel for the insurer appellant has strenuously urged that the Motor Accidents Claims Tribunal has erred in saddling the insurer with the liability to pay the amount in question even though there was a breach of the terms and conditions subject to which the insurance policy had been issued in favour of the insured.