D.S.TEWATIA, SURINDER SINGH
Ramesh Kumar – Appellant
Versus
National Insurance Company Limited – Respondent
1. The appellants truck met with an accident on December 10, 1982. As a result thereof, one Joginder Singh died. The Tribunal awarded as compensation a sum of Rs.67,200 to the claimants with interest at the rate of 10 per cent per annum. Out of the said amount, the Tribunal ordered that the insurance company (respondent No, 1 herein) shall pay Rs.50,000. The appellant, owner of the offending vehicle in this appeal, claims that the liability of the insurance company, as per amended provision of Sections 95 (2) of the Motor Vehicles Act, 1939 , which reads as under, extended to Rs.1,50,000 for the death of, or injury to, a third party with effect from October 1, 1982.
"95 (2) (a ). Where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the Workmens Compensation Act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver) not exceeding six in number, being carried in the vehicle. . . "
2. Admittedly, the policy of insurance covering the offending vehicle was issued on October 28, 1982, by which date admittedly the amendment to Sections 95 raising t
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