ORIENTAL INSURANCE CO LTD Vs. DULARI DEVI

JUDGEMENT

(1.) This appeal has been filed by the appellant insurer against the judgment dated 4.9.1991 passed by the Claims Tribunal, Siwan, in claim case No. 10 of 1988: 63 of 1991.

(2.) It appears that the husband of the respondent No. 1, namely, late Bhagwan Ram died in an accident of a jeep bearing No. BED 3789 on 19.10.1988. Admittedly, this vehicle was insured with the appellant. After due enquiry, Claims Tribunal awarded compensation of Rs. 50,000/- with interest at the rate of 9 per cent per annum from the date of application till the date of realisation.

(3.) Learned counsel for the appellant does not dispute the quantum of compensation but the grievance is that so far" as the appellant insurance company is concerned, it cannot be made liable to pay beyond Rs. 15,000/-which is the minimum statutory liability against third party under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' only).