NEW INDIA ASSURANCE COMPANY Vs. INDRA

JUDGEMENT

(1.) THIS appeal is directed against the award given by the Motor Accident Claims Tribunal, Jodhpur on February 21, 1983.

(2.) ONE B.K. Sharma, husband of the claimant Suit. Indra Sharma met an accident on January 28, 1980 caused by Matador No. RRQ 4287 belonging to the University of Jodhpur, driven by Madan Singh Driver and insured with the appellant, the New India Assurance Co. Ltd. Jodhpur (hereinafter to be referred as 'the Company,). On January 29, 1980 B.K. Sharma succumbed to injuries sustained in the accident. His wife Smt. Indra Sharma filed a claim of Rs. 9,32,460/ - before the Claims Tribunal against the owner of the Matador, its driver and the appellant Company with which the vehicle was insured. The Claims Tribunal gave on award of Rs. 72,000/ -in favour of Smt. Indra Sharma and against the aforesaid three non -petitioners.

(3.) AT the commencement of the arguments Mr. R.R. Nagori, learned Counsel for the claimant respondent Smt. Indra Sharma raised a preliminary objection regarding the maintainability of the appeal on the grounds that the defence available to the Company is limited to the grounds mentioned in Sub -section (2) of Section 96 of the Motor Vehicles Act, 1939 (hereinafter to be referred as 'the Act') and therefore, the appeal filed beyond that scope is not entertainable.