ORIENTAL INSURANCE CO LTD Vs. ANTHONY KUJUR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 26.8.1992 passed by the Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 92 of 1989 awarding a sum of Rs. 66,000 as compensation on account of death of the deceased in a motor vehicle accident.

(2.) The claimant-respondent filed an application for the grant of compensation stating, inter alia, that the deceased was travelling in a Matador bearing registration No. BEN 9963 which was coming from Ranchi to Mandar on the alleged date of accident. The driver driving the vehicle lost its control and dashed against a tree causing serious injuries to the passengers including the claimant and his wife and daughter. Because of the said injury the wife of the claimant ultimately died. The claim was contested by the appellant by filing the written statement taking various defences including the limit of its liability, the learned Tribunal after considering the facts and evidence assessed the compensation at Rs. 66,000. The Tribunal also considered the copy of the policy filed by the appellant and came to the conclusion that the entire liability is of the insurance company for payment of the said compensation.

(3.) Mr. D.N. Chatterjee, learned Counsel appearing for the appellant assailed the impugned judgment and award as being illegal and contrary to the evidence brought on record. The learned Counsel submitted that the liability of the appellant insurance company is limited inasmuch as the vehicle was a passenger carrying vehicle and under the Act the insurance company has liability only to the extent of Rs. 15,000 only.