SURENDRA KUMAR Vs. ABDUL SALIM

JUDGEMENT

(1.) This is a miscellaneous appeal filed by claimants under section 173 of Motor Vehicles Act (for short hereinafter called 'the Act') against an award dated 20.10.1998 passed by M.A.C.T., Jodhpur in Claim Case No. 242 of 1989 (112/95).

(2.) By impugned award, the Tribunal allowed in part the claim petition of the claimants filed under section 166 of the Act and accordingly awarded a total sum of Rs. 59,000 to claimants for the death of one Bhanwarlal Sharma who died in vehicular accident. The Tribunal however confined the liability of insurer (insurance company) to the extent of Rs. 50,000 out of total awarded sum while passing the award. It is against this determination the claimants have felt aggrieved and filed appeal.

(3.) In this appeal, two questions arise for consideration. First, whether Tribunal was justified in awarding Rs. 59,000 to the claimants for the death of Bhanwarlal Sharma and, second, whether Tribunal was right in confining the liability of insurance company to the extent of Rs. 50,000 or it should have been held to be unlimited, i.e., entire awarded sum.