NEW INDIA ASSURANCE CO LTD Vs. SHEELA DEVI

JUDGEMENT

(1.) THE appeal was placed for disposal in the final list. Learned Counsel appearing for the appellant Insurance Company contended before this Court that its liability is limited as per Section 147 of the Motor Vehicles act, 1988. He relied upon the judgment in national Insurance Company Limited v. Prambai Patel and others1. By relying upon this judgment he contended that when the liability of the Insurance Company is limited as per Section 147 of the Act having an effect of Workmen Compensation Act, it is not liable to pay the entire amount of compensation.

(2.) WE have carefully gone through the judgment and find that the same point was agitated in the appropriate Court on the basis of the insurance policy when the court found that liability is limited on the basis of the insurance policy and order was passed in favour of the Insurance Company. In the present case, no application under section 170 of the Act was made by the petitioner to proceed with the case independently apart from the existence of the owner.

(3.) THE learned Counsel appearing for the claimant-respondents contended before this court that as per Section 147 of the Motor vehicles Act, 1988, either they can proceed 1. 2005 (4) ALT 44 (SC) = JT 2005 (4) SC 399 = 2005 (30) AIC 515 (SC) = 2005 (60) ALR 159. before the Motor Accident Claims Tribunal or the Commissioner under the Workmen compensation Act, 1923. When they have proceeded before the Motor Accident claims Tribunal and the award has been passed without any objection, now at this appellate stage, the appellant Insurance company cannot turn around and say that liability of the Insurance Company is limited as per the Workmen Compensation Act.