NEW INDIA ASSURANCE CO LTD Vs. BIMLA RANI

JUDGEMENT

(1.) The New India Assurance Co. Ltd, Chandigarh, has filed this appeal against the award of the Motor Accidents Claims Tribunal, Ludhiana, (hereinafter called the Tribunal) dated December 18, 1979, whereby a sum of Rs. 37,225/- was allowed by way of compensation to the claimants-respondents on account of the death of Bachna Ram. Both the appellant and the owner of the truck which caused the accident, i.e., Bachna Singh, were made liable to pay the said amount of compensation. The only short question to be decided in this appeal is as to the extent of the liability of the insurance company under Section 95 of the Motor Vehicle Act.

(2.) According to the learned counsel for the appellant, the liability of the insurance company is to the extent of Rs. 50,000/- only in all. Since Rs. 32,000/- have already been paid by the company to the driver and the conductor of the offending truck, who died in this very accident, it is only liable to pay the balance amount out of Rs. 50,000/- to the claiments-respondents. However, no such plea was raised before the Tribunal, nor anything has been brought on the record in this Court to prove that a sum of Rs. 32,000/- was paid by the company to the driver and the conductor of the offending truck who are said to have died in this very accident. In any case, the matter now stands concluded by the decision of the Supreme Court in Motor Owners Insurance Co. Ltd. v. Jadavji Keshaji Modi and others, 1981 AIR(SC) 2059. Therein, the expression "any one accident" in Section 95(2) of the above said Act, has been interpreted as follows :-

(3.) No other point arises.