The Oriental Insurance Co. Ltd. Vs. Mst. Shanta Kunwar & Ors.
EmailAppeal: Civil Appeal No. 9341 of 1995
Petitioner: The Oriental Insurance Co. Ltd.
Respondent: Mst. Shanta Kunwar & Ors.
Apeal: Civil Appeal No. 9341 of 1995
Judges: A.P. MISRA & N. SANTOSH HEGDE, JJ.
Date of Judgment: Jul 20, 2000
Head Note:
MOTOR VEHICLES
Motor Vehicles Act, 1939
Section 110 – Liability of Insurance Company – Statutory liability as per law, then, only Rs. 15000. Held that decision of Tribunal to the contrary, is set aside as per M.K. Kunhimohammad’s case (JT 1987(3) SC 465).
(Para 2)
Cases Reffered:
1. M.K. Kunhimohammed v. P.A. Ahmedkutty & Ors. (JT 1987 (3) SC 465)
JUDGEMENT:
ORDER
1. Heard learned Counsel for the parties. We find respondent no. 4 was though served as per the office report but, he has not chosen to appear.
2. The question raised in this appeal is squarely covered in favour of the appellant, Insurance Co., in the case reported in (JT 1987 (3) SC 465) entitled M.K. Kunhimohammed v. P.A. Ahmedkutty & Ors. The maximum statutory liability as per this decision to which appellant is liable to, is Rs. 15,000/- as per the law which stood then. Hence, this appeal is allowed and the decision contrary to this given by the Tribunal, is set aside. We find the order of this Court dated 12th October, 1995, reveals that the decretal amount has already been deposited by the appellant before the Tribunal. For the amount so deposited, this Court has already passed an order, to be withdrawn by the claimants and further made it clear that it will be open to the petitioner (appellant) to realise this amount from the owner of the bus, who is respondent no. 4 in this appeal, in case he is made liable.
3. With the said observations, the appeal is allowed. Costs on the parties.
1. Heard learned Counsel for the parties. We find respondent no. 4 was though served as per the office report but, he has not chosen to appear.
2. The question raised in this appeal is squarely covered in favour of the appellant, Insurance Co., in the case reported in (JT 1987 (3) SC 465) entitled M.K. Kunhimohammed v. P.A. Ahmedkutty & Ors. The maximum statutory liability as per this decision to which appellant is liable to, is Rs. 15,000/- as per the law which stood then. Hence, this appeal is allowed and the decision contrary to this given by the Tribunal, is set aside. We find the order of this Court dated 12th October, 1995, reveals that the decretal amount has already been deposited by the appellant before the Tribunal. For the amount so deposited, this Court has already passed an order, to be withdrawn by the claimants and further made it clear that it will be open to the petitioner (appellant) to realise this amount from the owner of the bus, who is respondent no. 4 in this appeal, in case he is made liable.
3. With the said observations, the appeal is allowed. Costs on the parties.
