HARYANA STATE ELECTRICITY BOARD Vs. PUSHPA CHADHA

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent filed by the Haryana state Electricity Board against the judgment dated the 21st of February, 1980, passed by the learned single judge of this court.

(2.) THE learned single judge allowed the appeal of the claimants and enhanced the compensation from Rs. 45,000 to Rs. 72,800. The claimants have also been held entitled to have interest on this amount at the rate of 6 per cent, per annum with effect from the date when the claim petition was filed. The learned single judge further held that the liability of the insurance company shall be limited to the extent of Rs. 50,000 only.

(3.) MR. L. M. Suri, the learned counsel for the appellant, has argued that though in terms of the insurance policy, the liability of the insurance company was limited up to Rs. 50,000, nevertheless, in view of the mandate given in Sub-section (1) of Section 96 of the Motor Vehicles Act, 1939 (hereinafter called "the Act"), the insurance company was liable to pay the interest on this sum also.