SUBAL CH GOPE Vs. M A C T TEZPUR

JUDGEMENT

(1.) Notwithstanding the embargo placed by Clause (b) of sub-section (2) of Section 147 of the Motor Vehicles Act, 1988, whether an insurer's comprehensive policy covering a vehicle makes it liable to pay, in respect of damage caused to any property of a third party, compensation of more than Rs.6,000/-is the question, which this appeal, preferred against the judgment and award, dated 4.10.96, passed in MACT Case No. 30/1984, by learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur, raises.

(2.) Briefly stated, the facts giving rise to this appeal may be stated thus: respondent No. 3 made an application before the learned Tribunal seeking compensation of an amount of Rs.77,495/- for the damage caused to their vehicle belonging to the Union of India as a result of an accident. According to the claimant, on 2.3.84 at about 11.15 a.m., while their vehicle (a truck) was proceeding from the direction of Railway Station, a bus bearing registration No. ASD-9695, which was coming from the opposite direction driven rushly and negligently, collided against the said truck causing damage thereto. The said bus stood insured with the respondent No. 2, namely, M/s. New India Assurance Company Limited.

(3.) The owner of the said vehicle, its driver and also insurer were impleaded as parties. They contested the case.