Amrit Vanaspati Co. Ltd. v. Uma Kumari And Others

1. This appeal at the instance of the owner of the offending car is directed against the award wherein the Tribunal limited the liability of the insurance company to indemnify the insured, that is, the owner-appellant to a sum of Rs. 1,50,000/- only, whereas the liability of the insurance company under section 95 of the Motor Vehicles Act is unlimited in regard to private vehicles.

2. In view of this, it is held that the award in question to that extent is clearly erroneous and, therefore, respondent No. 6, Oriental Fire and General Insurance Company Limited, is directed to indemnify the owner-appellant to the full extent of the award rendered by the Tribunal against him. The award shall stand modified to the extent indicated.

3. The appeal stands disposed of in the aforesaid terms. No costs.

4. Order accordingly.