UNITED INDIA INSURANCE CO. LTD. Vs. KANTA DEVI

JUDGEMENT

(1.) These two cross-appeals have come up for disposal. The FAO-6588-2010, has been filed by the Insurance Company, whereas, FAO-39-2011, has been filed by the claimants.

(2.) The correctness of the findings of the trial with respect to the manner in which the accident took place and the findings of the Tribunal with regard to the rash and negligent driving of driver Darshan Singh are not questioned. The accident took place on 12/8/2008, at about 08:00 p.m., when a road roller which was parked on the road without any indicator or parking lights contributed in the happening of the accident. The Tribunal after appreciating the evidence assessed the amount of compensation to the tune of Rs.27,70,000.00. The deceased late Sh. Rishi Pal died on 12/8/2008, while leaving behind aged mother, widow and two minor children.

(3.) The learned counsel representing the Insurance Company while drawing the attention of the Court to the Insurance Policy Ex.R-1 submits that ONE VIBRATARY ROLLER (SOIL COMPATOR) MODER EC5256 MAKE ESCORT was insured but the liability of the Insurance Company was limited to Rs.7,90,500.00. He submits that the Insurance Company cannot be made liable to pay the amount over and above the same. In other words, he claims that the liability of the Insurance Company is limited.