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2019 DIGILAW 3342 (PNJ)

Oriental Insurance Company Limited v. Sukhbir Singh And Others

2019-12-13

ALKA SARIN

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JUDGMENT Alka Sarin, J. - This appeal has been preferred by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri dated 24.02.2012, partly allowing the claim petition filed by respondent No.1-Sukhbir Singh by awarding him compensation to the tune of Rs.1,62,000/- for the damages caused to his car in an accident. 2. The brief facts set out in the claim petitions were that on 15.01.2011, Jitender Kumar, claimant in connected claim petition, along with one Gambhir Singh had gone to Radaur in car bearing registration No.HR02-U-5253. After completing their work, they were returning to village Nachron in the same car. When they reached near Yamuna Bridge, Radaur, one Ashok Kumar was standing there to go to village. Said Jitender Kumar gave him lift in his car. It was further stated that when they reached near 'T' point of Village Rattangarh, Dheer Singh, respondent No.2, while driving his tractortrolley in a rash and negligent manner and at a high speed came from the opposite direction and hit the car of Jitender Kumar from driver side due to which the car struck against a eucalyptus tree. It was further stated that due to the impact of the accident, all the occupants of the car suffered multiple grievous injuries on their persons and the car of respondent No.1 Sukhbir Singh bearing registration No.HR02-U5253 was also extensively damaged. 3. The short point raised in the present appeal is that as per section 147 (2)(b) of the Motor Vehicles Act, 1988, there is a limit of Rs.6,000/- prescribed. Learned counsel for the appellant submits that the Tribunal has erred in law in awarding a sum of Rs.1,62,000/- as compensation on account of damages to the car of respondent No.1 and the impugned award is contrary to the provisions of law. 4. Section 147 (2)(b) of the Motor Vehicles Act reads as under:- "147. Requirements of policies and limits of liability.- .... .... .... .... .... .... (2) Subject to the proviso to sub-section (1), a policy of insurance referred to in subsection (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely- (a) .... .... .... .... .... .... Requirements of policies and limits of liability.- .... .... .... .... .... .... (2) Subject to the proviso to sub-section (1), a policy of insurance referred to in subsection (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely- (a) .... .... .... .... .... .... (b) in respect of damage to any property of a third party, a limit of rupees six thousand: Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier." 5. A perusal of the above reproduced section clearly reveals that when a third party makes a claim for damages to his vehicle, there is a limit of Rs.6,000/- prescribed under section 147(2)(b) of the Motor Vehicles Act. Learned counsel for the respondent is unable to counter the said argument raised by learned counsel for the appellant. 6. In view of the clear bar contained in Section 147(2)(b) of the Motor Vehicles Act, the Tribunal clearly erred in awarding an amount of Rs.1,62,000/- as compensation to the respondent on account of damage to his car. 7. In view of the above, the order of the Tribunal is modified to the extent that the respondent shall be entitled to an amount of Rs.6,000/- as per the provisions of the Motor Vehicles Act, 1988. 8. The appeal is disposed off with the above modification.