Viney Mittal, J. - (1.) The insurance company is in appeal. It has challenged its liability to pay compensation amount beyond Rs. 6,000 which has been statutorily fixed under section 147 of Motor Vehicles Act, 1988 (for short 'the Act') towards the third party claims.
(2.) An accident had occurred on 24.8.93. The bus belonging to Delhi Transport Corporation, Delhi was damaged. A claim petition was filed by the Delhi Transport Corporation claiming damages to the bus to the extent of Rs. 98,134.
(3.) The learned Tribunal appreciated the material available on the record and found that the driver of the offending vehicle owned by Raj Kumar was negligent. On account of the aforesaid fact, the claimants were held entitled to compensation. The plea raised by New India Assurance Co. Ltd. that its liability was statutorily limited to Rs. 6,000 was rejected by the Tribunal. It was held that New India Assurance Co. Ltd. was liable, severally and jointly, along with driver and owner of the vehicle to pay compensation. Compensation was assessed at Rs. 40,000 along with interest at the rate of 12 per cent per annum.;