M.M.PAREED PILLAY, V.V.KAMAT
New India Assurance Co. Ltd. , Cochin – Appellant
Versus
V. N. Thankappan – Respondent
PAREED PILLAY, J.:- Third respondent in O.P. (MV) 1706 of 1985 of the Motor Accidents Claim Tribunal, Quilon is the appellant. First respondnet (claimant) filed the petition claiming Rs. 75,000/- as compensation for the injuries sustained by him in the bus accident on 27-3-1954 near Mundu kottackal Padi. The Tribunal on evaluation of the evidence held that the first respondent is entitled to compensation of Rs. 49,750/- with 6% interest thereon.
2. Respondents 2 and 3 did not contest the petition before the Tribunal. Appellant filed counter statement contending inter alia that its liability is only as per the statutory limit and as the first respondent has not furnished the insurance particulars Tribunal is not justified in holding the appellant liable for the entire compensation amount.
3. Admittedly the insurance policy was not produced by the appellant before the Tribunal. Attempt was made to produce the same before this Court by filing C. M.P. 26539 of 1989. Appellant's stand is that its maximum liability is only Rs. 20,000/- as evidenced by the policy. According to the appellant, soon after tracing out the policy it was forwarded to the appellant's advocate with a cover
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