O.I.C. Ltd. vs Ram Piyari
2023 Latest Caselaw 5147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1348 of 1993
 

 
Appellant :- O.I.C. Ltd.
 
Respondent :- Ram Piyari
 
Counsel for Appellant :- S.K. Kakkar
 
Counsel for Respondent :- Sri Kant,Syed Farman Ahmad Naqvi(Senior Adv.)
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

By way of this appeal, the Oriental Insurance Co. Ltd. has felt aggrieved by the judgment and award dated 7.11.1992 passed by District Judge/ Motor Accident Claims Tribunal, Fatehpur in Motor Accident Claim Petition No.87 of 1988 awarding the compensation of Rs.1,00,000/- to the respondents-claimants.

None appears for the respondent-claimant.

The policy was a limited liability policy and, therefore, the award was passed after the new Motor Vehicles Act came into force, therefore, as per the provisions of Motor Vehicles Act, 1988, the defence of limited liability would not be available to the Insurance Company as also the amount awarded is one lacs.

The appeal sens merit and is accordingly, dismissed.

Record be sent back to the court below.

Interim order, if any, stands vacated.

The amount be disbursed to the claimants, which might have been kept in fixed deposit.

Order Date :- 15.2.2023

P.S.Parihar