UNITED INDIA INSURANCE CO LTD Vs. PRATIBHA RATHI

JUDGEMENT

(1.) BHAGWANDAS Rathi sustained fatal injuries in a motor vehicle accident in 1987. His heirs filed a claim application before the Motor Accidents Claims Tribunal claiming Rs. 18,69,600/- as compensation from the owner and the insurer of the vehicle. The owner and the insurer filed separate objections. The Tribunal held that the accident was a result of rash and negligent driving of the vehicle which was insured. The Tribunal passed an award for Rs. 2,50,000/- and directed the insurer to pay the same. Insurer has filed the appeal challenging the quantum of compensation awarded.

(2.) WE have heard the learned counsel for the appellant on the question of maintainability of the appeal in the light of Section 96 (2) of the Motor Vehicles Act, 1939, corresponding to Section 149 (2) of the Motor Vehicles Act, 1988.

(3.) THE provisions of the two Acts are almost identical. Sub-section (1) of Section 96 states that if a judgment is obtained against the insurer, the insurer shall, subject to the provisions of Section 96, pay to the person entitled to the benefit of the decree, any sum not exceeding the sum assured payable thereunder as also costs and interest, as if he were the judgment-debtor.