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1997 Supreme(P&H) 373

M.S.LIBERHAN, T.H.B.CHALAPATHI
National Insurance Company Limited – Appellant
Versus
Puja Roller Flour Mills (Pvt. ) Ltd. – Respondent


JudgmentJudgment

T.H.B.Chalapathi, J.

1. The only point that arises in this appeal filed by the Insurance Company is whether the liability of the appellant is limited to the extent of Rs. 1,50,000/-.

2. The motor vehicle accident took place on 29.9.1989 in which one A.R. Jain died. His widow Satya Bala Jain and children namely Kumari Chetna Jain and Master Vikas Jain and his mother Bhulan Devi filed an application Under Sections 166 and 140 of the Motor Vehicles Act in MACT Case No. 148 of 1994 on the file of Motor Accident Claims Tribunal, Karnal which awarded a sum of Rs. 6,72,000/- (Rs. Six lacs seventy two thousands) as compensation, but the Tribunal held that the Insurance Company was liable to pay the compensation to the extent of Rs. 1,50,000/- as per statutory provisions contained in the Motor Vehicles Act, 1939 and the balance of the amount of the compensation to the extent of Rs. 5,22,000/- was to be paid by the owner of the vehicle namely. Puja Roller Flour Mills (Pvt.) Limited. The owner of the offending vehicle filed an appeal bearing FAO No. 303 of 1995. The learned Single Judge vide his judgment dated 6.9.1995 set aside the finding of the Tribunal whereby the Tribunal













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