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1985 Supreme(MP) 558

T.N.SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Madhya Pradesh State Road Transport Corporation – Respondent


Advocates Appeared:
N.P.Mittal, S.K.DUBEY,

JUDGMENT :

( 1. ) THIS is an insurers appeal. The first respondent in this case is the owner of the affected motor vehicle who was also the claimant in respect of the damage caused to the vehicle. Indeed, respondent No. 2 was also a claimant in respect of compensation for injuries caused to his person in the course of the accident. He was the driver of the vehicle which was damaged in the accident. The third respondent is the owner of the offending vehicle against whom the award is passed.

( 2. ) THE appellants counsel, Shri Dubey, has made a short submission, relying solely on the provisions of Section 95 (2) (d) of the Motor Vehicles Act, 1939, as it stood at the relevant date in 1977, when the accident took place. Counsel submits that the liability of the insurer by virtue of the said provision is statutorily limited to a sum of Rs. 2,000 and, as such, the Tribunal erred in law in holding the insurer jointly liable with the owner of the offending vehicle for discharging the entire liability under the award, which was made for a sum of Rs. 21,000. I have no hesitation in upholding the contention as the mandate of Clause (d) of Section 95 (2) is clear, obvious and peremptory, admitt










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