DWARKAPRASAD BALURAM SHARMA Vs. LOKURAM RAMCHANDRA PREMCHANDANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 02-05-1987 passed by the learned Member, Motor accident Claims Tribunal in Motor Accident claim No. 3 of 1985, whereby the liability of the Insurance Company has been restricted only to the tune of Rs. 50,000/ -.

(2.) MR. Jagtap, learned counsel for the appellants contended that appellant No. 1 is owner of motor vehicle i. e. a jeep involved in the accident. The jeep was duly insured with respondent No. 6 - United India Insurance company Ltd. It is not in dispute that the accident occurred on 07-09-1984 and savitribai Premchandani who was the pillion rider on Luna moped died in the said accident which was arising out of the jeep bearing no. MXH-4199 which had given dash to Luna. Learned counsel for the appellants contended that since the jeep involved in the accident was comprehensively insured with respondent-insurance company, the Tribunal has committed an error in restricting the liability of the insurance company to the tune of rs. 50,000/ -. In support of this submission he relied on the decision of the Supreme Court in the case of National Insurance Co. Ltd. Vs. Keshav Bahadur and others - (2004)2 supreme Court Cases 370 : [2004 (5) ALL mr (S. C.) 331].

(3.) MR. Thakur, learned counsel appearing for respondent-Insurance Company contended that the liability of the insurer is limited as indicated in section 95 of the Motor vehicles Act and the Tribunal was perfectly justified in restricting the liability of the insurance company to the tune of Rs. 50,000/-in absence of any specific agreement between the insurer and the owner of the vehicle.