M. P. Transport Company (Private) Limited, Motor Stand, Raipur v. Maheshwari Bai
1977-11-01
M.L.MALIK, S.S.SHARMA
body1977
DigiLaw.ai
Short Note : 1. The appellant's real contention was that the liability of the Insurer was limited to Rs. 4,000 per person in respect of any claim. The child in the percent case had advanced a claim for death of both of her parents and virtually compensation was being claimed for two deaths. The child in fact could lay two separate claim petitions, one for loss of mother and the other for loss of father. The insurer was, under the terms of Policy, liable to pay Rs. 8,000 i.e., Rs. 4,000 for each person. The Claims Tribunal it appears, overlooked that the compensation claimed was for two deaths. The clause 13 of the Policy (Ex. N.A-2) is clear enough. Indemnity is limited to a sum of Rs. 4,000 in respect of anyone person. The liability of the Insurer shall be limited to Rs. 8,000 instead of Rs. 4,000 as was determined by Tribunal. M/s. Shekhupura Transport Company Limited v. N.I.T. Insurance Company Ltd., AIR 1971 SC 1624 , referred to. Appeal partly allowed.