NATIONAL INSURANCE COMPANY LTD Vs. GIRIBALA SINHA

JUDGEMENT

(1.) THIS Miscellaneous appeal has been preferred by the National Insurance Company against the award passed by the Additional District Judge -IV cum -Claims Tribunal in Claim Case No. 3 of 1987. The Insurance Company has not challenged the quantum of award granted to the claimants of the claim case. It has simply maintained in the appeal that its liability is limited only upto Rs. 50,000.00 , as per Sec. 95(2)(v)(i) of t:he Motor Vehicle Act, 1939.

(2.) IN substance, the wife, minor sons and widowed mother of deceased Surendra Kumar Sinha had filed the claim case, alleging therein that the deceased who was riding a Motorcycle was knocked down by trekker bearing Regd. No GHY 1882 driven by O.P. No. 2. An application being preferred by those claimants, the Tribunal, on contest, by all the parties to the case, gave an award of Rs. 3,00,000.00 (three lacs) with interest @ 9%, if the amount is paid within three months from the date of order and 12 per cent, if not paid within that period. The Tribunal also held the owner, the driver and the Insurance Company all jointly liable for payment of the award money.

(3.) BEFORE me, the appellant -Insurance Company confined its appeal to the extent of its liabilities under the statute. The owner of the trekker, respondent No. 5 contested this appeal and its main grievance was that the entire amount of award was to be paid by the Insurance Company and the plea of limited liability was not sustainable because the Insurance Company failed to file the copy of the Insurance Policy in the trial Court.