NATIONAL INSURANCE CO. LTD. Vs. SHANTA KESARAWANI

JUDGEMENT

(1.) Heard Mr. R.C. Sharma, learned counsel for appellant as well as Mr. P.C. Agarwal, learned counsel for respondents and perused the record.

(2.) This First Appeal From Order has been filed under Section 173 Motor Vehicles Act, 1988 against the judgment and award dated 30.1.1994 passed by Motor Accident Claims Tribunal awarding Rs. 5,00,000/- as compensation along with half of the total interest @ 10% per annum from the date of petition till the payment to respondents 1 to 6 against the present appellant as well as respondent nos. 7 & 10 jointly and severally in Claim Petition No. 66 of 1988; Smt. Shanta Kesarwani and Ors. Vs. National Insurance Cot. Ltd. and Others.

(3.) It is submitted that as per old Act i.e. Motor Vehicles Act, 1939 under Section 95(2)(b)(i) the liability of the Insurance Company was limited to only Rs. 50,000/- as the deceased was not covered under the definition of passenger carried for hire or reward.