NEW INDIA ASSURANCE CO. LTD. Vs. PUSHPADEVI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988, has been preferred by the New Indian Assurance Company against the Award dated 7.5.1991 passed by the Motor Accident Claims Tribunal Gwalior.

(2.) BRIEFLY , the facts are that Shri Krishna Agrawal who was riding on Luna Moped bearing registration No. DRI 2193 collided with Fiat Car No. MBW 128 in which he lost his life. The Claims Tribunal by the impugned Award determined a sum of Rs. 1,08,000/ - as compensation to be paid jointly by the appellant Insurance Company and the owner of the Fiat Car, respondent No.4. The learned counsel appearing for the Insurance Company has raised only one ground in support of his appeal. He contended that under the terms of the Insurance Policy which is on record the liability of the Insurance Company was limited to a sum of Rs. 50,000/ - in case of one accident.

(3.) 1990 ACJ 484 (supra) is distinguishable as in paragraph 27 on which reliance has been placed, there is no discussion of the contents of the Insurance Policy therein. For the reasons abovesaid, we find no merit in this appeal. We dismiss it accordingly. The respondent Nos. 1 to 3 shall get costs of which appeal and the amount which has not "been paid so far by the Insurance Company shall carry interest @12% per annum from the date of claim till payment. Shri R.P. Gupta, learned counsel, stands up on behalf of respondents Nos. 1 to 3 and points out that the respondents have filed a cross objection for enhancement of compensation. Since the appeal has been dismissed he does not press the cross -objection.