UNITED INDIA INSURANCE CO LTD Vs. NEELA DEVI

JUDGEMENT

(1.) This misc. appeal has Co. Ltd. against the award dated 20.12.93 been preferred by United India Insurance passed by the Motor Accidents Claims Tribunal, Jaipur in Case No. 702 of 1991.

(2.) The claim application was filed by respondent Nos. 1 to 5 as legal heirs of the deceased Paras Raj Shah who was travelling in car No. RJT 8133 on 16.3.1982, when the truck No. MRL 3995 being driven by respondent No. 6 had struck the car resulting in the death of said Paras Raj Shah. He was Director in Prem Cables. The driver was proceeded ex pane, owner of the truck had appeared in the court, but later on absented.

(3.) The learned Tribunal had awarded an amount of Rs. 2,74,000 in favour of the claimant along with interest. The insurance company has filed the present appeal only on the ground that the maximum liability of the insurance company was restricted to an amount of Rs. 50,000 only and no enhanced liability could be fastened on the insurance company. The Tribunal was of the opinion that the policy as taken out by the insured was of comprehensive nature and, therefore, the insurance company was liable.