NEW INDIA ASSURANCE CO LTD Vs. LAKHPATI
LAWS(ALL)-1990-2-25
HIGH COURT OF ALLAHABAD
Decided on February 19,1990

NEW INDIA ASSURANCE CO.LTD. Appellant
VERSUS
LAKHPATI Respondents

JUDGEMENT

- (1.) In this appeal under Section 110D of the Motor Vehicles Act, 1939, the insurance company has raised a short point. It is urged that the liability of the appellant was limited to Rs. 50,000 according to the contract of insurance but the Tribunal has erred in fixing its liability to the extent of Rs. 65,000.
(2.) There is also a cross-objection filed by the claimants seeking enhancement in the amount of compensation awarded by the Tribunal. We have heard learned counsel for the parties as to the respective aspects raised by them and having perused the record, we are of the opinion that so far as the submission of the appellant is concerned, there is merit in the same. We have seen the policy which contains a specific column regarding the limits of liability. It has two columns, first of which is in the following terms : " Limit of the amount of the company's liability under Section II-1(i) in respect of any one accident."
(3.) As agafnst this column, the following words are mentioned : " Such amount as is necessary to meet the requirements of the Motor Vehicles Act, 1939. ";


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