NATIONAL INSURANCE CO LTD Vs. ABDUL MAZID

JUDGEMENT

(1.) BOTH these appeals have been filed by the insurance company, challenging the award passed by the Motor Accidents Claims Tribunal, hereinafter referred to as 'the Tribunal', dated 29.5.1992 by which the M.A.C.T. had awarded compensation of Rs. 95,000 in the case of Appeal No. 135 of 1993 and Rs. 75,000 in Appeal No. 43 of 1993. The claim applications were filed before the M.A.C.T. because of the accident occurred on 9.5.1989 at 5.00 a.m. when Abdul Rahim and his brother Abdul Mazid going on a bullock -cart were hit near Pharsia by the bus No. RNP 2964 coming from behind as a result of which Abdul Rahim died at the spot and Abdul Mazid sustained grievous injuries of fracture and shortening of leg by one and a half inch. 30 per cent disability had been caused to Abdul Mazid. After leading the evidence the Tribunal had come to the finding that the accident had been caused due to rash and negligent driving of the bus involved in the case. This finding of rash and negligent driving has not been challenged before me.

(2.) BEING aggrieved with the aforesaid award the insurance company had filed an Appeal No. 43 of 1993 only on the limited question that under Section 95 (2) (b) of the Motor Vehicles Act, 1939, the liability which could be fixed on the insurance company was Rs. 50,000 and, therefore, the award of the Tribunal was illegal in this respect.

(3.) RELYING on the various judgments rendered in the cases of Surjit Kaur v. Harbhajan Singh, 1996 ACJ 457 (P&H;); Rajendra Kumari v. Shanti Trivedi, 1989 ACJ 517 (SC) and placing reliance upon a single Bench judgment rendered in the case of United India Insurance Co. Ltd. v. Bhiki, 1997 ACJ 1099 (Rajasthan), on the proposition it is submitted that the appellant is liable to pay the limited liability amount as mentioned in the statutory provisions.