1. This appeal has been preferred contenting the limited liability issue against the awarded vide judgment and award dated 07.01.1993 passed by the Motor Accident Claims Tribunal, Bhavnagar in M.A.C.P. No. 930 of 1983 whereby, the claim petition was partly allowed and the appellants- original claimants, were awarded total compensation of Rs.4,60,000/- along with interest at the rate of 15% per annum from the date of application till its realization and it was specifically ordered that the liability of opponent No.3-New India Assurance Company Limited is limited to Rs.1,50,000/-.
2. The facts in brief are that on 19.05.1989 at around 00.30 hrs. while the deceased was going in the car No.GRM-9596 and at that time, one truck No.GTD-4203, driven by original opponent No.1 came from opposite side and dashed with the car. As a result, the deceased sustained severe bodily injuries, which succumbed to death. The appellants-original claimants, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the award stating that the liability of the Insurance Company is limited to the extent of Rs.1,50,000/-, the appellants have preferred the present appeal.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellant that the Tribunal has erred in limiting the liability to the extent of Rs.1,50,000/-. He has further submitted that the liability was unlimited. However, having gone through the impugned award, I find that the issue of limited liability decided by the Tribunal was in consonance with the law on the subject. Hence, the contention advanced by learned advocate for the appellant is baseless. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] ..mitesh..
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