UNITED INDIA INSURANCE COMPANY LTD. Vs. SARO DEVI

JUDGEMENT

(1.) ON 25.10.1987 the deceased Ramdeo Rabidas while travelling on his motorcycle was hit by a truck resulting his spontaneous death. The claimants were the widow and minor children. They filed claim case before the Motor Accident Claims Tribunal, Hazaribagh being Claim Case No. 33 of 1988. The tribunal awarded a sum of Rs.1,79,200/ - together with interest of 9% per annum from the date of judgment i.e. from 17th July, 2003.

(2.) THE appellant Insurance Company assailed the impugned award on its limited liability. According to the learned counsel, the maximum liability of the Insurance Company is restricted to Rs.1,50,000/ -.

(3.) IT has not been disputed by the claimants that on the relevant date of accident, the maximum liability of the Insurance Company as provided under section 95(2)(b)(i) of the Motor Vehicles Act, 1939 was Rs.1 ,50,000/ -. In order to avoid any further harassment to the claimants, we modify the impugned award and hold that the amount of Rs.1 ,50,000/ - will meet the ends of justice.