UNITED INDIA INSURANCE CO. LTD Vs. SHAMSHER SINGH

JUDGEMENT

(1.) Appellant company seeks setting aside of judgment/award dated 31.1.1990, passed by M.A.C.T., Jammu, awarding compensation of Rs. 1,00,000/ -along with interest at the rate of 12 per cent per annum to respondent Nos. 1 to 3.

(2.) THE ground taken is that Tribunal had wrongly determined the liability of the appellant company as unlimited, when the same was limited to Rs. 50,000/ - as per the terms of insurance policy. It is also pointed that the Tribunal had miscalculated the compensation amount casting an additional liability of Rs. 10,000/ - on the company.

(3.) IT is in this context that it requires to be examined whether appellant company had taken any such plea in its defence before the Tribunal. In this regard the company is relying on one of the averments made in the written statement filed before the Tribunal which reads as under: That answering respondent takes all the pleas to defence which are available to us under Sections 95 and 96 of Motor Vehicles Act. The argument advanced is that from the aforesaid averment Tribunal should have concluded that liability of the company was limited as envisaged in the statutory provisions of Section 95 of the Act. - -