1981 Supreme(AP) 193

Andhra Pradesh High Court
Judges : CHENNAKESAVA REDDY, MADHUSUDHAN RAO
United India Fire & General Insurance Company Ltd. - Appellant
Versus
P. Indiramma - Respondent
C.M.A.No.233/79
Decided On : 08-24-81
.

Headnote:MOTOR VEHICLES ACT, Sec.95(2)(b)(ii) - Extent of liability of the insurer is not limited to Rs.50.000/- only in every case of an accident - No pleading or issue in that regard - The Insurer cannot be permitted such plea in the High Court.

       Held: Section 95 prescribes the minimum requirements of an insurance policy and the limits of liability of the Insurer thereunder. It does not preclude and prohibit a party from covering higher risks. In the absence of any pleading, issue or evidence on the question of limit of liability of the insurer the Insurer cannot be permitted to raise the said question for the first time in the High Court.

       C.M.A. DISMISSED.