1.0 This appeal is directed against the judgement and award dated 21.07.1993 passed by the learned Motor accident Claims Tribunal (Auxi), Mehsana in Motor Accident Claim Petition No.260 of 1987 whereby the Tribunal has awarded a sum of Rs. 52,000/ together with interest at the rate of 15% per annum from the date of application till the date of realization and further held that the liability of the Insurance Company is limited to the extent of Rs.30000/ only.
2.0 On 10.10.1986 one Amiben was travelling in a maruti car with her family member from Palanpur to Ahmedabad. When they reached near Mehsana one Tractor with trolley came from opposite direction and dashed against the maruti van. Amiben sustained serious injuries and therefore she filed the aforesaid petition praying for compensation wherein the impugned award came to be passed.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal has committed an error in holding that the liability of Insurer of the Maruti Car is limited to Rs.30000/ only. He has also contended that the amounts awarded under various heads are on lower side.
4.0 However, learned advocate for the respondentInsurance Company relied on the decision in case of New India Assurance Company Ltd. Versus Bismillah Bai and others reported in (2009) 5 Supreme Court Cases 112. In the said case the question of liability of insurance company insuring vehicle not responsible for or not contributing to accident was considered and held that the Insurance Company could not be made liable to pay compensation where liability being incurred by driver and owner of the truck and not by driver and owner of jeep therein.
5.0 As a result of hearing and perusal of the record it is an admitted position that the claimant had not joined Insurance Company of the Tractor. It is apparently clear that as per the terms and policy of Maruti Car produced at Exh.25, the liability of the Insurance Company is limited to the extent of Rs.30000/. The contention raised by the respondent is required to be accepted. The claimant had not joined Insurance Company of the Tractor. As per the terms and policy of the Maruti Car produced at Exh.25, the liability of the Insurance Company is limited to the extent of Rs.30000/ only. Learned Advocate for the appellant is not in a position to point out anything from the record to take a different view of the matter.
6.0 As regards the income is concerned, the claimant is an income tax payer. Therefore as per the record the income was taken and therefore there is no question of granting any higher amount. Even the award made under other heads are also just and reasonable.
7.0 In the premises aforesaid I do not find any merits in the appeal.
The appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*