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1990 Supreme(Ker) 496

K.P.RADHAKRISHNA MENON, P.K.SHAMSUDDIN
The New India Insurance Co. Ltd. – Appellant
Versus
N Paramu – Respondent


JUDGMENT

K.P. Radhakrishna Menon, J.

1. The insurance company, the third respondent in O.P. (MV) No. 1218 of 1985 before the M.A.C.T., Quilon is the appellant. The order of the Tribunal making the insurance company liable for the entire compensation awarded against the owner as also the driver of the vehicle involved in the accident is under challenge.

2. The learned counsel for the appellant argues that the liability of the insurance company is limited to the extent of Rs. 15,000/-and that it is so can be seen from the 'motor policy' issued on 11.5.1983. The counsel in this connection made specific reference to the endorsement in the policy under the head 'limits of liability', namely, limit of the amount of company's liability under Section II-I (i) in respect of any one accident such amount as is necessary to meet the requirements of Motor Vehicles Act, 1939 and limit of the amount of the company's liability under Section II-I (ii) in respect of any one claim or series of claims arising out of one event Rs. 50,000/-. The Tribunal below, therefore, the counsel submits, has gone wrong in making the appellant insurance company liable for the entire compensation amount of 'Rs. 71,000/-












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