ORIENTAL FIRE AND GENERAL Vs. HEMLATA

JUDGEMENT

(1.) THE appellant Insurance Company has challenged the award of the learned Motor Accidents Claims Tribunal (District Judge), Nagpur (for short 'the Claims Tribunal') only on the ground that its liability to make the payment to the claimants is restricted to Rs. 50,000/-.

(2.) THE facts are that the respondent Nos. 1 to 3 are the claimants who made the claim of Rs. 2,52,900/- against the respondent No. 4 and the appellant on account of compensation for loss of life of late Section Laxmanan, the husband of the respondent No. 1, who died in the motor accident. The deceased Section Laxmanan had come to Nagpur in October, 1981, in connection with the work of his company, namely, the Teletherm Instrument Company Private Limited, Madras, which had taken a contract of construction of a Thermal Power Station at Koradi. He visited the site on 2.11.1981 on scooter and when he was returning back from the site at night on Nagpur-Chhindwara Road, the truck bearing No. CPH 7452 belonging to the respondent No. 4 dashed against his scooter as a result of which he and his colleague who was sitting on the pillion seat were thrown away. Some hours after his admission in the Mayo Hospital, Nagpur, Laxmanan died.

(3.) THE appellant and the respondent No. 4 i.e., the owner of the truck, it appears, have filed a common written statement opposing the claim made by the claimants. They had engaged common advocate and although the written statement is alleged to be filed on behalf of both, it is signed by the Divisional Manager of the appellant Insurance Company on its behalf as well as on behalf of the respondent No. 4. The signature of the respondent No. 4 as such is not there upon the written statement. From the point of view of this appeal what is material to be seen is that it is averred in the written statement that the liability of the appellant Insurance Company, in any case, is limited to Rs. 50,000/- only.