NANDA BAI Vs. JAGDISH

JUDGEMENT

(1.) THE short question that arises for consideration in this appeal is, whether Tribunal was justified in confining the liability to the extent of Rs. 50,000/ - on the Insurance Company out of the total compensation of Rs. 1,37,000/ - awarded to the claimant, or in other words, whether Insurance Company can be made liable to suffer the entire award of Rs. 1,37,000/ -. The impugned award is dated 15.9.1999, passed by 1st Additional Member of Motor Accident Claims Tribunal, Dewas in Claim Case No. 96 of 1998. This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act against the aforementioned award for questioning the aforementioned finding against the claimant.

(2.) HEARD Mr. H.S. Rajpal, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for the respondent No. 2. None for the other respondent.

(3.) HAVING learned Counsel for the parties and having examined the short issue urged by the parties, we are of the view that appeal has no merit and hence, it is liable to be dismissed resulting in upholding of the impugned award.