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1988 Supreme(P&H) 655

S.S.KANG, D.V.SEHGAL
Oriental Fire And General Insurance Co. Ltd. , Chandigarh – Appellant
Versus
Chandrawali – Respondent


Judgment

D.V.SEHGAL, J.

1. For the purpose of dealing with the questions of law involved herein, it is not necessary to set out the facts in detail. It would suffice to mention that the offending vehicle Metador bearing registration number HRM-1808 which caused the death of Attar Singh was insured with the Oriental Fire and General Insurance. Company Limited (for short the insurer ). On a claim application made under Sec.110-A of the Motor Vehicles Act, 1939 by the widow and the children of the deceased (for short the claimants ), the Motor Accident Claims Tribunal (for short the Tribunal ) awarded in their favour a sum of Rs. 91,200.00 as compensation holding that the accident was caused due to the rash and negligent driving of the said vehicle. F.A.O. No. 232 of 1984 has been filed by the claimants who have a grievance that the compensation awarded is inadequate. F.A.O. No. 272 of 1984 is by the insurer which, besides impugning the award of the Tribunal on other grounds, contends that according to the policy of insurance its liability for the payment of compensation is limited to Rs. 50,000.00 . At the stage of the trial of the claim application before the Tribunal, the insurer di










































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