Compensation--Appeal for enhancement--Injured--Claimant, a practicing Advocate of High Court, was aged about 34 years on the date of accident, his fight hand got crushed and ultimately had to be amputated from shoulder--His income taken Rs. 30,000/- p.a. multiplier of 18, applied--Tribunal awarded compensation to the tune of Rs.6,93,000/- with interest @ 12%--Accident had taken place in 1985, claim petition was filed prior to enforcement of 1988 Act, whether liability of Insurance would be limited to under S.95 of the old Act--Held, that where the total premium was charged at Rs.240/- instead of Rs.200/-, Insurance Company would be liable to unlimited extent to the extent the owner of the offending vehicle would be liable to pay compensation as determined by the Tribunal under S.166 of the Act, 1988--Since the injured claimant was traveling in bus, he was third party qua the insurer of the Truck, another offending vehicle, the liability of insurer would be unlimited even under S.95 of the M.W. Act, 1939 (old Act)--Motor Vehicles Act, 1988, Ss.166 & 195.; Panney Singh v. Sharad Kumar & Ors. : 2012(1) Law Herald (Acc.) 304 (Raj.)
Posted on: Mon, 19 Aug 2013 09:01:49 +0000
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