HINDUSTHAN GENERAL INSURANCE SOCIETY LTD Vs. ZAKIA RASUL

JUDGEMENT

(1.) RESPONDENT No. 1 was injured in an accident which had taken place on September 9, 1971, when she was travelling in an autorickshaw. She claimed an amount of Rs. 97,000 as compensation. The learned member of the Motor Accidents Claims Tribunal, however, awarded a sum of Rs. 25,000 out of which the appellant was ordered to pay a sum of Rs. 10,000 and the balance amount was made payable by the owner of the vehicle. Feeling aggrieved, the insurance company has filed this appeal.

(2.) AT one stage, Shri N. Chakravarty, learned counsel for the appellant, submitted that the liability of the appellant was to the extent of Rs. 5,000 only. This submission was advanced by relying on Section 95(2)(b)(ii)(4) of the Motor Vehicles Act, 1939. This provision has stated that a sum of Rs. 10,000 for each individual passenger can be awarded only when the vehicle is a motor cab. It was submitted by Shri Chakravarty that the limit of Rs. 10,000 did not apply in the present case as an autorickshaw cannot be taken as a motor cab. Shri D.P. Chaliha, appearing for respondent No. 1, however, submitted on the strength of S.A. Rickshaw Sahakari Sangh v. Director of Transport, AIR 1964 Bom 402, that an autorickshaw falls within the definition of ' motor cab'. After this decision was cited, Shri Chakravarty was fair in not pressing his submission that more than Rs. 5,000 could not have been awarded against the insurance company.

(3.) LET it be seen whether, in the present case, the requirements of Section 110C(2A) of the Act were satisfied. This section reads :