MEHMOOD Vs. NAZIR KHAN

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the award passed by the learned First Motor Accident Claims Tribunal, Mhow, District Indore in Claim Case No.232/2005 dated 06.02.2003 whereby the learned Tribunal awarded a sum of Rs.52,000/- as compensation and interest @ 6% from 06.02.2003 for death of mother of the appellant.

(2.) As per the facts stated in the application filed by the appellant before the Tribunal for claiming compensation. Her mother- Fatima Bee was travelling on 06.04.1985 in a passenger bus bearing registration No.RRL-6378 and she was returning back to home from Bherughat. There were other passengers also in the bus. At about 8:00 pm., on Bherughat driver loss control over the bus and bus fell down into the deep gorge. In the accident, mother of the appellant suffered death and to pay compensation the application was filed. The present appeal is filed on the following grounds :-

(3.) Learned counsel for the appellant places reliance on judgment of Hon'ble Apex Court in case of New India Assurance Company Ltd. vs. Vimal Devi and others; 2010 ACJ 2878. In this case, liability of the insurance company under Sections 95 and 96 of Motor Vehicles Act was limited to Rs.50,000/- per passenger. The Tribunal directed the company to pay and recover, however, when the matter travelled before the Hon'ble Apex Court, after taking into consideration, the avoidance clause in the policy it was held by the Hon'ble Apex Court that such an order was proper and no interference was necessary and on this basis, in this judgment, the learned counsel for the appellant submits that the insurance company may be directed to pay and recover.