NEW INDIA ASSURANCE CO. LTD Vs. CHAND RANI

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS appeal is by the Insurance Company (Respondent No. 2) before the Motor Accident Claims Tribunal in a claim for compensation. The Tribunal held that the parents of the deceased was entitled to a compensation of Rs. 1,50,000/-. After marking the policy of insurance as Ext. A, the Tribunal held that the Insurance Company was liable to pay the entire amount.

(3.) LEARNED counsel for the insurance company with reference to the policy submitted that in view of the fact that a premium of Rs. 12/- per head alone was paid, the liability was only statutory liability as limited by Section 95 of the Motor Vehicles Act, 1939 and going by the decision of the Supreme Court in New India Assurance Co. Ltd. v. C.M. Jaya and Ors., 2002 (1) JCR 383 (SC), the liability must be limited to the statutory liability. Counsel also referred to the various decisions of the Supreme Court and the recent decisions of this Court in Oriental Insurance Co. Ltd v. Lalmuni Devi and Anr., 1998 (2) PLJR 151. Jay Singh v. Lalmuni Devi and Anr., AIR 2000 Pat 187 and Oriental Insurance Co. Ltd. v. Dilip Kumar Saha and Anr., 2002 (2) JCR 364 (Jhr): 2002 (2) JLJR 269.