DALJIT SINGH Vs. HARBINDER KAUR

JUDGEMENT

(1.) THE claim application was filed before Motor Accident Claims Tribunal, Ludhiana, by the heirs of Harbans Singh who died in Road Accident on 28. 2. 1987. The Motor Accident Claims Tribunal vide its award dated 4. 6. 1990, allowed the claim application and granted a sum of Rs. 2,88,000/- as compensation with 12% interest from the date of the claim application which was to be paid by the three respondents, i. e. the driver, owner and Insurance Company jointly and severally. The liability of the Insurance Company was limited to the extent of Rs. 1,50,000/ -. Aggrieved against the award of the Tribunal, Daljit Singh, the owner of the truck, has filed the present appeal.

(2.) THE challenge to the award fixing his liability over Rs. 1,50,000/- is primarily on the ground that the appellant had paid extra premium of Rs. 150/- and had obtained Insurance Policy with unlimited liability As such, the entire liability would be that of the Insurance Company.

(3.) SHRI N. K. Khosla, Advocate, appearing for the respondent-Insurance Company has controverted the claim of the learned counsel for the appellant.