UNITED INDIA INSURANCE CO LTD Vs. SARBJIT KAUR

JUDGEMENT

(1.) THIS appeal is directed against the order of the Motor Accidents Claims Tribunal, Hoshiarpur, whereby claimants were held to be entitled to compensation of Rs. 2,69,000/ -.

(2.) BRIEFLY the facts are that on 6. 7. 1988, Sarjeet Singh was going on his cycle from house to Village Chaggran, Tehsil and District Hoshiarpur, at about 6. 30 p. m. When he reached in front of the shop of his uncle Sarwan Singh, he was called by his cousin Avtar Singh. Sarjeet Singh stopped on extreme left side of kacha portion of the road and started talking with Avtar Singh. In the meantime, a mini bus bearing No. PAB 5036 came from behind. The bus was coming from Chabewal side and going to Hoshiarpur at a fast speed. As per the case of the claimants, the mini bus was being driven rashly and negligently by its driver Bhupinder Singh and according to them, the bus went out of the control of the driver and as such it struck against the cycle of Sarjeet Singh from behind. As a result thereof, Sarjeet Singh was thrown at a distance of about 12 metres. He received multiple injuries and was taken to the hospital where he was declared dead. In the claim petition, compensation of Rs. 4,00,000/- for the death of Sarjeet Singh was claimed. The Motor Accidents Claims Tribunal awarded Rs. 2,69,000/- to the claimants. United India Insurance Co. Ltd. , who was impleaded as a respondent, in its written statement took up the plea that the liability of the insurance company is only limited to the extent of Rs. 50,000/and the remaining amount is to be paid by the owners of the bus. The Motor Accidents Claims Tribunal on the basis of the insurance policy, Exh. R-1, found that the insurance company is liable to pay the entire amount and thus the plea of the insurance company was negatived. This appeal has been preferred by the insurance company.

(3.) THE only point raised in this appeal is that the liability of the insurance company as per insurance policy, Exh. R-1, is limited only to Rs. 50,000/ -.