NEW INDIA ASSURANCE CO LTD Vs. KANTA DEVI

JUDGEMENT

(1.) This judgment will dispose of FAO No. 949 of 1984 and X-objection No. 97-CII of 1984 therein filed by M/s Jarnail Singh Jagroop Singh resident of Govindwal, owner of the offending vehicle, as common question of law and fact is involved in the two.

(2.) The Motor Accident Claims Tribunal, Ropar, on a claim petition by the claimants had awarded a sum of Rs. 1,72,800/- with 12% interest from the date of the claim petition vide its judgment dated 10.9.1984 and had fastened the liability to pay the said compensation on the appellant, the driver and the owner of the offending vehicle, jointly and severally.

(3.) The challenge to the award is that the liability of the Insurance Company was limited to Rs. 1,50,000/- per insurance Policy Exhibit R-1. As such the Insurance Company is not liable to pay the entire amount of compensation.