NEW INDIA ASSURANCE CO LTD Vs. THORU RAM

JUDGEMENT

(1.) WE have heard Mr. R.K. Gupta, learned advocate for the appellant, at length.

(2.) THIS Letters Patent Appeal is directed against the judgment dated: 23rd December, 1996 propounded by learned Single Judge in CIMA No. 52/1993. By the aforesaid judgment, the learned Single Judge did not find merit and dismissed the appeal against the judgment of Presiding Officer, Motor Accident Claims Tribunal Jammu, dated 14th January, 1993.

(3.) ON 28 -08 -1989, accident involving death of Rachpal Chand occurred by the use of the offending vehicle bearing Registration No. 3715 -JKR. in which the deceased was travelling as passenger. The bus was driven by the driver rashly and negligently. The offending vehicle was insured with the New India Assurance Company at the time of the accident. A claim petition came to be filed by the respondents -1 to 4 in terms of Section 166 of the Motor Vehicles Act in respect of the death of Rachpal Chand son of respondent -1 and 2 and brother of respondent -3 and 4. The Insurance Company took a specific stand in its demurrer filed before the presiding officer, Motor Accident Claims Tribunal with regard to its limited liability to the extent of Rs. 15,000/ - per passenger only under the provisions of Motor Vehicles Act. 1939 applicable at the time of the accident. The Motor Accident Claims Tribunal. Jammu, however, awarded a sum of Rs. one lace in favour of respondents -1 to 4 as compensation vide its judgment dated: 14 -01 -1993 to be satisfied by the Insurance Company, appellant, with whom the vehicle stood insured at the time of the accident. The Insurance Company being dissatisfied with the liability of satisfying the award fastened on it in entirety, impugned its correctness in appeal before the learned Single Judge. The learned Single Judge after hearing the parties and scanning the material on record did not find any merit in the contentions raised by the appellant and penultimately dismissed the appeal. This is how the appellant. Insurance Company, is before us in Letters Patent Appeal to assail the validity of the judgment passed by the learned Single Judge, by virtue of which the award of compensation made by the Presiding Officer of the Motor Accident Claims Tribunal has been confirmed.