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2005 Supreme(Online)(Del) 3

DELHI HIGH COURT
, J
K. Gian Chand Jain and Co. v. New India Assurance Co. Ltd.


1. Admit.

2. With the consent of the parties, the matter has been heard and disposed of by this order.

3. Appellant has filed this appeal challenging only that part of the award of the Motor Accidents Claims Tribunal where it is held that the liability of the insurance company under the policy of insurance was limited to a sum of Rs.1,50,000. The claimants had filed an application before the Motor Accidents Claims Tribunal claiming compensation for the death of one J.M. Harnal, husband of respondent No. 2 and father of respondent Nos. 3 and 4 and son of respondent No. 5 in the road accident caused by the rash and negligent driving of the offending vehicle owned by the appellant and insured with respondent No. 1. The Claims Tribunal by the impugned award awarded total compensation of Rs.1,07,500 (Sic.) to the claimants, namely, respondent Nos. 2 to 4 but the liability of insurance company was limited to Rs.1,50,000. It was held by the Tribunal that a bare perusal of S.95 (2) (a) shows that where the vehicle involved was a goods vehicle, the policy of insurance shall cover liability up to Rs.1,50,000 and the vehicle in question being a Matador Tempo admittedly a goods carrying vehicle





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