UNITED INDIA INSURANCE COMPANY LTD. Vs. V. SHOBHANA

JUDGEMENT

(1.) THE respondent, Smt. Kalindibai, while proceeding towards Risali Sector on a motorcycle with her daughter and son, Jeevanlal Verma, faced an accident as a passenger bus bearing registration No. MKT -1172 dashed against the motorcycle. Because of the aforesaid accident Kalindibai sustained injuries. She put forth a claim to the tune of Rs. 1,75,000/ - by filing claim case No. 17/88 before the Motor Accident Claims Tribunal, Durg (hereinafter referred to as 'the Tribunal'). The Tribunal passed the award for a sum of Rs. 81,000/ - and restricted the liability of the insurance company, the appellant herein, for a sum of Rs. 50,000/ - . Being aggrieved by the aforesaid award passed by the Tribunal the claimant preferred M. A. No. 594/91.

(2.) THE learned Single Judge in paragraph Nos. 9 and 10 of the judgment expressed the view as under : 9. Misc. Appeal No. 594/91 is by the owner and the Learned Counsel for the appellant, Shri B. R. Ghosh made only one submission regarding the fastening of the liability by the Claims Tribunal as to the compensation awarded. He relied on certificate of Insurance No. 6/00463/87 (Ex. P/8) which is an undisputed document. He submitted that the Insured Estimated value as shown in the last column is of Rs. 2,50,000/ - and the insurer can escape from the liability if the amount exceeds the amount of insured estimated value. In the present case, the amount as has been awarded does not increase the insured estimated value and as such the apportionment of the liability by the Tribunal is not in accordance with law. 10. Heard the Learned Counsel for the parties. Learned Counsel for the Insurance Company Shri H. B. Agrawal did not dispute the document, Ex. P/8, and also did not dispute the factum that the insured estimated value of the bus was Rs. 2,50,000/ - . He has also not disputed that during the period when the accident took place, the bus was not insured. In fact, he though resisted the claim of the Learned Counsel for the appellant but not seriously as he was not getting the aid of law in his favour owing to the fixation of insured estimated value at Rs. 2,50,000/ - . In view of this, the appeal deserves to be allowed and the liability of the amount awarded under the impugned award is fastened with the insurance company." Being of the aforesaid view he allowed the appeal, unsettled the direction of the Tribunal and saddled the entire liability on the insurer.

(3.) THE Learned Counsel appearing for the respondent supported the order passed by the learned Single Judge.