1.0 This appeal is directed against the judgement and award dated 09.08.1996 passed by the learned Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claim Petition No.1064 of 1988 wherein the Tribunal has awarded a sum of Rs.234000/- along with interest at the rate of 12% from the date of petition till its realization.
2.0 In the present case on 21.03.1988 Tribhovanbhai Ranchhodbhai who was working as a Contractor was going on motor cycle No. GUN 349. At that time, the tractor-trailer No. GRJ 8210 came in rash and negligent manner and dashed with the motor cycle. As a result of this, he sustained serious injuries and succumbed to the same. The heirs of the deceased, therefore filed the aforesaid claim petition wherein the impugned award came to be passed which is challenged in this appeal.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal ought to have appreciated that even as per the provisions of Section 95(2)(a) of the Motor Vehicles Act, 1939, the appellant-Insurance Company statutorily was required to insure only to the extent of Rs. 150000/-; that no additional premium covering larger liability was paid by the owner of the tractor-trailer and the appellant-Insurance Company's liability ought to have been limited to the extent of Rs. 150000/- only.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal.
5.0 I have heard the learned Advocates and perused the relevant documents on record. In the written statement filed by the appellant-Insurance Company before the learned Tribunal, it is admitted that the liability of the insurance company is limited to Rs. 150000/- as per policy and M.V. Act. In the present case, the claimant was traveling in tractor-trailer. As per clause (a) of section 95(2) of the Motor Vehicle Act, 1939, the liability of the insurance company would be Rs. 150000/-. Section 95(2)(a) reads as under:
(a)1[ where the vehicle is a goods vehicle, a limit of 4[ one lakh and fifty thousand rupees] in all, including the liabilities, if any, arising under the Workmen' s Compensation Act, 1923 , (8 of 1923 .) in respect of the death of, or bodily injury to, employees, (other than the driver), not exceeding six in number, being carried in the vehicle;] 6.0 In view of the above, the liability of the Insurance Company is to the extent of Rs. 150000/-.
7.0 For the foregoing reasons, the liability of the Insurance Company would be limited to the extent of Rs.150000/-. Accordingly, it held that the Insurance Company is liable to satisfy the award in question only to the extent of Rs.150000/-. The rest of the amount shall be refunded to the Insurance Company with proportionate interest and costs. If the amount is already withdrawn by the claimants, it will be open to the Insurance Company to recover the same from the owner of the vehicle. The claimants can recover the balance amount from the owner of the vehicle. Appeal is allowed to the aforesaid extent with no order as to costs. The amount, if any, lying with this Court shall be transmitted to the concerned Tribunal.
(K.S.JHAVERI, J.) niru* Top