JAI KRISHNA PAREEK Vs. UMA SHARMA

JUDGEMENT

(1.) For stated reasons, delay in filing appeal is condoned. Application under Section 5 of Limitation Act stands allowed. Matter is heard on merits.

(2.) This appeal has been filed by non-claimant Jai Krishna Pareek for quashment of award dated 03.08.2007 of learned Motor Accident Claims Tribunal, Ajmer, in MAC Case No.9/2005, whereby learned Tribunal awarded compensation of Rs.1,68,000/- to claimant in a death case, and held the insurance company liable to pay only Rs.1,00,000/- and, for remaining amount, appellant, who was driver and owner of offending vehicle, is held liable for payment.

(3.) Learned counsel appearing for appellant has contended that learned Tribunal has erred in law while restricting liability of insurance company to pay compensation to the extent of Rs.1,00,000/- only, whereas as per the judgment of Supreme Court in General Manager, United Insurance Co. Ltd. (The) Vs. M. Laxmi & Ors. : MACD 2008 (SC) 418 when there is package policy as in the present case, the insurance company has to be held liable to indemnify the owner for payment of compensation jointly and severally. It is, therefore, prayed that appeal be allowed and accordingly that finding of the Tribunal be set-aside. Learned counsel appearing respondents however opposed the appeal but could not controvert the ratio of judgment of Supreme Court in M. Laxmi supra.