NEW INDIA ASSURANCE CO LTD Vs. NIRAJ

JUDGEMENT

(1.) THIS appeal is directed against the award dated 18.7.1990 of the Vth Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 191 of 1987, whereby the respondent No. 1 (here) has been awarded a compensation of Rs. 37,523 with an interest of 12 per cent per annum from the date of filing of petition before the learned Tribunal, i.e., 11.2.1986 with a further direction of all the payments to be made by the insurer (appellant here).

(2.) THE brief history of the case is that the claimant-respondent No. 1 filed a claim petition before the learned Tribunal on 11.2.1986 with the assertion that he was traveling as a passenger in a tempo No. MPN 8177, on 6.11.1985 at about 4.30 p.m. when it met with an accident. He sustained injuries on his hand which has caused permanent partial disability. He claimed Rs. 72,800/- in all. The respondents denied the claim. However, learned Tribunal found that the vehicle was driven negligently and as such awarded the amount as above.

(3.) AS against it learned Counsel for the respondent has submitted that as per the condition of the policy maximum amount of Rs. 50,000/- has been fixed and, therefore, the Insurance Company is liable to the tune of Rs. 50,000/- and since the amount is less than the said amount the Insurance Company has been rightly made liable for the payment. The respondent-claimant has further filed a cross-objection with a prayer that interest of 18 per cent instead of 12 per cent ought to have been awarded.