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1998 Supreme(SC) 1237

A.P.MISRA, K.VENKATASWAMI
National Insurance Company – Appellant
Versus
Nathilal – Respondent


Judgment

Venkataswami, J.-This appeal is preferred by the appellant-Insurance Company against the judgment and order dated 10.12.93 of the Rajasthan High Court in Civil Misc. Appeal No. 394/93.

2. Brief facts are the following:-

Respondents 1 and 2 filed a Claim Petition under Section 110-A of the Motor Vehicles Act, 1939 claiming damages in a sum of Rs. 6,50,000/- for the death of their son, Akhilesh Kumar, aged about 22 years. The deceased Akhilesh Kumar was travelling in a Jeep bearing No. RST-1286 along with three other adults and two children from Jaipur to Sawai Madhopur when the accident took place on 4th/5th May, 1998 at about 1.15 a.m. Before the Motor Accident Claims Tribunal (for short ‘Tribu­nal’) the appellant took a stand that its liability was restricted to a sum of Rs. 15,000/- under the Policy. The said stand of the appellant was not accepted by the Tribunal and by its Award dated 27.2.93 it held that the liability of the appellant was unlimited and awarded a compensation in a sum of Rs. 2,44,000/- with interest at the rate of 12% per annum.

3. Aggrieved by the Award of the Tribunal, in particular, the finding that the Insurance Company’s liability was unlimited, the a










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