DORAISWAMY RAJU, ARIJIT PASAYAT
National Insurance Co. Ltd. – Appellant
Versus
Keshav Bahadur – Respondent
(2). National Insurance Company Limited (hereinafter referred to as `the insurer) questions legality of the judgment of a Division Bench of the Jharkhand High Court holding that the insurer has to pay the compensation of Rs.72,000/- awarded to the legal representatives of one Hasta Bahadur (hereinafter referred to as `the deceased) who lost his life in a vehicular accident on 5.6.1987. The deceased was working as a Chowkidar of Hydel Project, Sikidri. A claim petition was filed by his sons under Section 110A of the Motor Vehicles Act 1939 (in short `the Act). The Motor Vehicle Accidents Tribunal (hereinafter referred to as `the Tribunal) awarded compensation of Rs.72,000/- along with interest @ 12% per annum. The amount was directed to be paid within 60 days. It was further directed that in case of failure to pay within 60 days, the rate of interest would be 18%. The insurer questioned the legality of the direction that the whole amount of compensation was to be paid by the insurer; and the direction regarding default rate of interest. According to it, the liability was limited to Rs.50,000/- in terms of Section 95(2)(b)(i) of the Act; and there was
6. S. P. Gupta vs. Union Of India And Another(Transferred Case No. 19 of 1981). (AIR 1982 SC 149)
8. S. G. Jaisinghani vs. Unipol Plastic Industries Private Limited (AIR 1967 SC 1427)
1. New India Assurance Company Limited vs. Smt. Shanti Bai and Others (1995 (2) SCC 539)
2. National Insurance Company Limited vs. Jugal Kishore and Others (1988 (1) SCC 626)
3. New India Assurance Company Limited vs. C.M. Jaya and others (2002 (2) SCC 278)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.