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1987 Supreme(Raj) 731

D.L.MEHTA
New India Assurance Co. Ltd. – Appellant
Versus
Avinash – Respondent


JUDGMENT

1. - All these three appeals arise against the award dated July 31, 1985, passed by the Motor Accidents Claims Tribunal, Jaipur.

2. Avinash, a young child of 7 years, was travelling in an autorickshaw No. 5442. Tempo No. RRL 6097 was coming from the opposite, direction. The autorickshaw and tempo collided and Avinash sustained multiple acerated "wounds on his face and skull. He was operated on and had to remain in the hospital for a fortnight and, thereafter he was advised rest and treatment at his residence. He remained in bed for a period of 11/2 months thereafter at his house. It will not be out of place here to mention that New India Insurance Company is the insurer of both the vehicles, i.e., the tempo and the rickshaw.

3. In Appeal No. 293 of 1985 (New India Insurance Company v. Avinash ), it was submitted by the appellant that the liability of the insurance company cannot exceed Rs. 10,000. The maximum liability of the insurance company has been fixed under Section 95(2)(b)(ii) as Rs. 10,000 in the case of an autorick shaw. This appeal succeeds and it is hereby directed that the liability in the case of autorick shaw cannot exceed Rs. 10,000 as far as the insurance c
































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