B.N.AGARWAL, H.K.SEMA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
PUJA ROLLER FLOUR MILLS (P) LTD. – Respondent
ORDER
1. Heard learned counsel for the parties.
2. The Motor Accidents Claims Tribunal (for short the Tribunal) by its award dated 15-9-1994 fixed the compensation at Rs 6,72,000 and directed that as according to the terms of the insurance policy the liability of the Insurance Company was limited to the extent of Rs 1,50,000, the claimants shall be entitled to recover a sum of Rs 1,50,000 only from the Insurance Company and the balance amount of Rs 5,22,000 from the owner of the vehicle. Against the said order, the owner of the vehicle filed an appeal before the High Court of Punjab and Haryana giving rise to First Appeal No. 303 of 1995, in which the High Court upheld the quantum of compensation but dire9ted that liability of the Insurance Company could not have been limited to Rs 1,50,000 but the same was an unlimited one. Thereafter, the Insurance Company filed a letters patent appeal before the High Court which has been dismissed. Hence, this appeal by special leave.
3. Learned counsel appearing on behalf of the appellant submitted that according to the terms of the insurance policy the liability of the Insurance Company was to the extent of Rs 1,50,000 in accordance with the Mo
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.