THE CONCORD OF INDIA INSURANCE CO. LTD., PRESENTLY MERGED AND FORMING A UNIT UNDER THE UNITED INDIA FIRE AND GENERAL INS. CO. LTD. Vs. INACIO ANTONIO MARTINHO MIRANDA

JUDGEMENT

(1.) THE claim of the Respondent on account of a motor accident for Rs. 50,000/ - was granted by the order of the Motor Accidents Claims Tribunal, which is impugned in this appeal.

(2.) THE preliminary point raised by Shri William Gomes for the Appellant is that under Section 95(2)(a) of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act', as it was in force at the time of the award, the liability of the Appellant insurance company was limited to Rs, 20,000/ -. It was not disputed by Shri Bernard D'Souza that if at all the provisions of Section 95(2) were applicable, they would be applicable as they stood before the amendment, brought about in 1970, which increased the limit of Rs. 20,000/ - to Rs. 50,000/ -. Therefore, if the liability of the Appellants had not been defined in the insurance policy, the Appellants would not be liable to pay to the Respondent a sum exceeding Rs. 20,000/ -. According to Shri Gomes the burden therefore lies on the Respondent/original claimant to prove that their claim should be satisfied up to the extent agreed upon between the parties in the insurance policy and that therefore the provisions of Section 95(2)(a) of the Act are not attracted.

(3.) THE burden lies on the Respondent to prove that the Appellant has agreed to pay to the Respondent a specified amount of compensation in case of accident. Upon his failure to prove that the amount was specified in the agreement, the provisions of Section 95(2)(a) of the Act apply and his claim under the Act cannot be granted beyond the quantum of Rs. 20,000/ -.