NEW INDIA ASSURANCE CO. LTD. Vs. PRAHLAD SINGH

JUDGEMENT

(1.) IN this case against the claim amount of Rs. 1,87,000/ - for causing the death of the minor son Raghuvir, aged 7 years, who died as a result of the fatal accident on 10th March, 1988, with jeep No. RNV 3481, duly registered with New India Assurance Co. Ltd. (the appellant herein), respondents herein were awarded a sum of Rs. 73,000/ - by Motor Accidents Claims Tribunal. Learned counsel for the appellant who is present in the court today has not disputed the payment of the said amount in favour of the claimants which already stands paid. Therefore, I am of the view that no cause of action survives in favour of the insurance company. Learned counsel for the insurance company, however, states that he is objecting to the same as regard the limit of the insurance company for award amount since it has paid in excess of the limited liability, since the liability was limited as per the insurance contract to the extent of Rs. 50,000/ -. This plea is not open to the appellant at this stage because he should have raised the dispute before the Tribunal. Having not done so, it is not open to the appellant to agitate this issue at this stage before this court in appeal, particularly in view of the fact that a very meagre sum has been awarded by way of compensation to the claimants for resulting in death of a minor child of 7 years of age.

(2.) IN the facts and circumstances of the case appeal becomes infructuous and, therefore, the same stands dismissed with no order as to costs.