NATIONAL TRANSPORT Vs. SARASWATI NAG

JUDGEMENT

(1.) THIS appeal arises out of an award passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Gauhati, by which the appellant has beea asked to pay a sum of Rs. 21,500/- as compensation to the widow and two daughters of Tusar Kanti who died in an accident which had taken place on 18-8-71 at about 6 PM. The total compensation granted was, however, Rs. 71,500/- out of which a sum of Rs. 50,000/- was made payable by the insurer, and the remaining amount by the appellant. The insurer also preferred an appeal before this Court which was the subject matter of MA(F) 63/78 and was dismissed by this Court on 5-2-88.

(2.) THIS appeal is by the owner of the vehicle. The only point urged by Shri Banerjee on behalf of the appellant is that the entire amount of Rs. 71,500/- is payable by the insurer. This has been contested by Shri Choudhury appearing for the insurer.

(3.) WHEN the case was heard on 26-3-88, learned Counsel of both the sides had referred to various decisions of the different High Courts on the subject. The High Courts of Rajasthan, Allahabad and Himachal Pradesh had taken a view see Automobile Transport v. Deb Lal 1977 ACJ 150 (Raj); Deshraj v. Ram Narain 1980 ACJ 202 (Alld) and Hamirpur Cooperative Society v. Kaushilya Devi 1983 ACJ 70 (H) which would support the contention of Shri Choudhury that it is for a person who claims that under the contract of insurance the insurer had taken to indemnify the insured for a higher sum than the one fixed by the statute to make available the policy for the perusal of the Tribunal. On the other hand, Shri Banerjee had relied on certain decisions of the Punjab and Haryana High Court. Ajit Singh v. Shyam Lal 1984 ACJ 255 (which referred to Shyam Lal v. New India Assurance Company Limited 1979 ACJ 208 (MP); United India Insurance Company Limited v. Pallamparty Indiramma 1982 ACJ 521 (AP) and Jugal Kishore v. Rai Singh 1982 ACJ 503 (Delhi); New India Assurance Company Ltd. v. Charon Kaur 1986 ACJ 243; General Assurance Society Limited v. Avtar Singh 1986 ACJ 656 and Nishat and Malwa Port Service v. Inder Kaur 1987 ACJ 1001, which have held that as the law has not prohibited covering of risk greater than one statutorily fixed, where the insurance company for whatever reasons fails to bring on record the policy of insurance it cannot be heard to say that it had agreed to indemnify the insured only to the extent indicated in the statutory provision