This appeal is at the instance of the Insurance Company and is directed against an award dated June 14, 1995 passed by the Motor Accident Claims Tribunal [Main], Bhavnagar in MACP No. 245 of 1989 thereby awarding a sum of Rs.1,50,000/- to the victim with interest at the rate of 15% per annum from the date of petition till realization, with proportionate costs. At the very outset, Mr. Nanavati, the learned advocate appearing on behalf of the appellant fairly conceeds that the learned advocate for the Insurance Company before the Tribunal below erroneously contended that it had limited liability under the wrong impression that the victim was a traveller in the bus itself which was insured by the appellant. Mr. Nanavati points out that the victim was really on a scooter and thus his position was that of a third-party with reference to the bus which was insured by his client, and, therefore, the question of limited liability was inconsequential in the facts of the present case.
I find that the only point taken by the Insurance Company before the Tribunal below with regard to its liability was rightly turned down by the Tribunal below.
The appeal is thus devoid of merits and is consequently dismissed. In the facts and circumstances, there will be, however, no order as to costs.
mathew [BHASKAR BHATTACHARYA, ACTING C.J.]