NATIONAL INSURANCE CO LTD Vs. SHAGUFTA & ORS

JUDGEMENT

(1.) A claim before the Motor Accidents Claims Tribunal, Srinagar succeeded. Appellant before us filed an appeal challenging the award made and published by the Tribunal. The appeal having been dismissed, appellant is before us in the present letters patent appeal.

(2.) It was the contention of appellant before the Appellate Court, which has been repeated before us, that death by reason of the accident took place in the year 1979 of a passenger of the insured bus and, accordingly, in terms of the provisions of the Motor Vehicles Act, 1939, the liability, if any, of the appellant stood restricted to Rs. 5000 only. The Appellate Court found, as a fact, which is not being disputed before us, that the appellant did not take a plea before the Tribunal that its liability is, thus, restricted. In the normal circumstances, if a plea is not taken, no amount of evidence can be looked upon the same. In consequence thereof, even if the policy of insurance was before the Tribunal as a piece of evidence, we are afraid, in the absence of a plea to that effect, the Tribunal could not come to a conclusion that the liability of the appellant was restricted to Rs. 5000.

(3.) The insurance policy, while limiting the liability of the appellant, provided as follows: