NEW INDIA ASSURANCE COMPANY Vs. UMA JHUNJHUNWALLA

JUDGEMENT

(1.) - The only point urged in this appeal filed by the Insurance Company against the award dated 29th April, 1993 by the learned Sixth Bench of the City Civil Court at Calcutta in MMACC No. 180 of 1983 is with regard to the limited liability of the appellant-Insurance Company. No other point was urged.

(2.) Brief facts leading to the filing of this appeal are that the husband of respondent-Uma Jhunjhunwala and the father of other respondents died in a motor accident on 8-12-1982. The deceased was serving as an officer in the Oriental Fire and General Insurance Co. Ltd. at the relevant time. He was aged about 48 years and in 1982 his monthly income is stated to be Rs. 4000/-. On 8-12-1982 while he was alighting from his private Car No. WMB 7460, a Lorry bearing No. APT 2470 ran over him, after dashing against the car from which the deceased had alighted. As a result of this accident the deceased suffered injuries. He was removed to the Hospital by the Traffic Police. However on arrival at the hospital he was declared brought dead by the Doctors. The respondent-claimants filed a claim petition under S. 110-A of the Motor Vehicles Act, 1939 in which the owner and the appellant-Insurance Company, being respondents therein filed written statements. Based on the pleadings of the parties the following four issues were framed by the Tribunal :Issues1. Is the case maintainable in law?2. Is the case time-barred?3. Did the accident take place due to the rash and negligent driving on the part of the driver of the owner of the impugned vehicle?4. Is the applicant entitled to get any compensation for this accident? If so, to what extent?

(3.) The Tribunal ultimately passed an award of Rs. 3,82,800/- with interest @ 15% per annum from the date of the filing of the claim petition till the recovery of the awarded amount. Since the appellant-Insurance Company was fastened with the liability of satisfying the entire amount awarded by the Tribunal, it has challenged the judgment and award in the present appeal before this Court only on the limited ground that the liability of the appellant in terms of the policy of insurance was limited to Rs. 1,50,000/- and that because of such limit of the liability, it was not obliged to indemnify the owner and thus satisfy the award for any amount over and above Rs. 1,50,000/-.