NATIONAL INSURANCE CO LTD Vs. KHATIJA

JUDGEMENT

(1.) THE appeal has been filed to set aside the award passed by the Motor Accidents Claims Tribunal, Srinagar, on 26 -09 -1995 in the claim petition titled Mst. Khatija and others Vs. Mohammad Yousuf and others.

(2.) IT appears that on 01 -10 -1987, deceased Ghulam Nabi Sofi was walking on the left side of the road in front of Bengal Motors at Maulana Azad Road, when a Matador No. JKD 568, which was coming from Dalgate and proceeding Lal Chownk, hit the deceased in such a manner that the deceased received injuries on his head, due to which the deceased Ghulam Nabi Sofi died. Petition was filed before the Motor Accidents Claims Tribunal, Srinagar, claiming compensation from the present appellant. The learned Tribunal considered the controversy on merits and after hearing the parties and perusal of evidence, allowed the petition by awarding compensation of Rs.2,20,000/ - vide order dated: 26 -09 -1995. It is the validity of this order which has been challenged in the present appeal.

(3.) THE main submission made in the memo of appeal are that the liability of the appellant under the terms and conditions of the Insurance Policy and the Act was limited upto Rs.50.000/ - only. The award passed by the Tribunal exceeding the contractual limits of liability in violation of the statutory clause under Motor Vehicles Act 1939 Section 95 (2) (1) deserves to be set aside.