HIGH COURT OF KERALA
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(1.) The award of the Motor Accidents Claims Tribunal in so far as it limits the liability of the insurer only to Rs.50,000 is challenged, by the claimants in this appeal. The total compensation awarded is Rs.1,64,000.
(2.) The husband of the first claimant, the father of claimants 2 to 4 and son of claimant No.5 suffered injuries in a motor accident and succumbed to the same. The deceased was knocked down by a taxi car driven, owned and insured by respondents 1 to 3 respectively. The tribunal found that in all an amount of Rs.1,64,000 is due by way of compensation. Respondent No.3, the insurer was directed to pay Rs.50000 with interest and costs. The owner of the vehicle was directed to pay the balance.
(3.) Before the Tribunal the insurer had taken up a contention that the insurers liability is limited to an amount of Rs.50000. No evidence whatsoever is available on this crucial aspect. The Tribunal in Para.7 of the award observed as follows: -
........ The third respondents has admitted the insurance coverage, subject to the terms and conditions of the policy. It is admitted that the liability of the Insurance Company is limited to Rs.50,000. Therefore the 3rd respondent is bound to pay only Rs.50,000 and the balance has to be paid by the 2nd respondent.;
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