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2006 DIGILAW 369 (PNJ)

New India Assurance Company Limited v. Delhi Transport Corporation

2006-02-08

VINEY MITTAL

body2006
Judgment 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 the Motor Vehicles Act, 1988 (for short the Act) towards the third party claims. 2. An accident had occurred on August 24, 1993. The bus belongs to a 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 the New India Assurance Company Ltd. that its liability was statutorily limited to Rs. 6,000/- was rejected by the Tribunal. It was held that the New Assurance Company Ltd. was liable, severally and jointly, alongwith driver and owner of the vehicle to pay compensation. Compensation was assessed at Rs. 40,000/- alongwith interest at the rate of 12% per annum. 4. The present appeal has been filed by the appellant making a grievance that since there was a statutory limit of Rs. 6,000/- to cover the third party risk under Section 147 of the Act, therefore, any liability to pay compensation beyond the statutory limit could not be fastened upon the appellant. In support of the aforesaid contention, the learned Counsel appearing for the appellant has relied upon a judgment of the Supreme Court in the case of New India Assurance Co. Ltd. v. Shanti Bai and Ors. . 5. After hearing the learned Counsel for the parties and taking into consideration the facts and circumstances of the case, it does appear that the plea raised by the appellant company deserves to be accepted. Section 147(2)(b) of the Motor Vehicles Act, 1988 reads as follows: 147. Requirements of policies and limits of liability.- (1) xxx xxx xxx (2) subject to the proviso to Sub-section (1), a policy of insurance referred to in Sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely: (a) save as provided in Clause (b), the amount of liability incurred (b) in respect of damage to any property of a third party, a limit of rupees six thousand: 6. In the case of Shanti Bais case (supra), it has been laid down by the Apex Court that the Insurance Company cannot be made to share the liability in respect of third parties beyond an amount of Rs. 6,000/- on account of statutory limit. 7. In view of the aforesaid discussion, the present appeal is allowed and it is directed that the appellant shall only be entitled to pay an amount of Rs. 6,000/- alongwith interest as assessed by the learned Tribunal and rest of the liability shall be sole responsibility of the driver and owner, jointly and severally. 8. The present appeal is allowed in the said terms.