NEW INDIA ASSURANCE COMPANY LTD Vs. GURDAYAL SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and awarded dated 2.2.1994 passed by Motor Accident Claims Tribunal, Raisinghnagar (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 5,91,000/- along with interest at the rate of 12% in favour of respondent-claimants No. 1 and 2, who are parents of the deceased (hereinafter referred to as the claimants') and against the respondents No. 8, 9 and the appellant who are driver, owner and insurer of the vehicle involved in the accident.

(2.) Being aggrieved by the award impugned dated 2.2.1994, the appellant New India Assurance Company Ltd., filed this appeal only on the ground that the liability of the appellant insurer is limited to the extent of Rs. 15,000/- as provided under Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the old Act') as applicable on the date of the accident i.e. on 4.2.1989.

(3.) Heard learned counsel for the parties. Perused the record.