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2006 Supreme(SC) 999

S.B.SINHA, DALVEER BHANDARI
Tejinder Singh Gujral – Appellant
Versus
Inderjit Singh – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Appellant herein is a practicing lawyer. While riding on a scooter, he met with an accident as a tempo which was allegedly being driven rashly and negligently by Respondent No. 1 dashed therewith. He is said to have suffered a permanent disability.

3. He filed an application under Section 166 of the Motor Vehicles Act, 1988 praying for grant of compensation of Rs.1,00,000/-. An application for amendment of the said claim petition was filed raising the amount of compensation to Rs.5,00,000/- .

The Motor Accident Claims Tribunal by a judgment and award dated 15th March, 1986 awarded a sum of Rs.1,83,000/-, details whereof are as under:

"i)Damage on account of Rs. 50,000.00agony, shock pain and suffering of the appellant

ii)Damages on account of Rs. 20,000.00hospitalization including medicines

iii)Damages on account of Rs.1,12,000.00loss of income

iv)Damages on account of Rs. 1,000.00the damage caused to the scooter

TotalRs. 1,83,000.00"

4. The Tribunal as regards the purported plea of the Insurer that its liability is limited, opined :

"...A perusal shows that liability of the insurance company is limited to the extent of Rs. 1,50,000/- Counsel for























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