IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1109 of 1991 Date of decision:19.08.2010 Oriental Insurance Company Limited ...Appellant Versus Lakhwinder Kaur and others ....Respondents II. FAO No.21 of 1992 Oriental Insurance Company Limited ...Appellant Versus Sham Lal and others ....Respondents Present: Mr. Tejinderpal Singh, Advocate, for the appellant. None for the respondents ----- CORAM: HON'BLE MR. JUSTICE K. KANNAN ----- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The Insurance Company is in appeal on the issue of liability which was capped to Rs.1,50,000/- under the Motor Vehicles Act of 1939. The claim arose for death of a driver of a truck with the insurer's vehicle which was also a truck. The Tribunal found that the insurer's vehicle was liable for the accident, while determining the compensation, the Court found Rs.1,68,000/- as the amount payable to the legal FAO No.1109 of 1991 - 2 - representatives and awarded the entire same against the insurer. 2. The contention of the insurer is that the liability was restricted only to Rs.1,50,000/- as per Section 95(2) of the Motor Vehicles Act of 1939 and, therefore, the amount in excess could not have been directed to borne by the insurer. The contention is well founded in law and I would, therefore, restrict the liability of the appellant/insurer only to Rs.1,50,000/- with interest as awarded by the Tribunal and the same in excess shall be borne by the insured. The award of the Tribunal is modified and the appeal by the insurer is allowed to the above extent. 3. As regards the appeal which is the subject matter in FAO No.21 of 1992 is concerned, it relates to a portion of the award that includes the loss that has arisen by the vehicle not being put to use on account of damages to the vehicle. Apart from a damage to the vehicle itself, a compensation for the non-use of the vehicle cannot be pursued before the Motor Accident Claims Tribunal. It could be done only through a civil action. (Please see Nesamony Transport Corporation Versus Kochammal-(1995) 1 ACC, 611; GM, Kerala Transport Corporation Versus K.P.Saradamma-AIR 1989 Ker.23). The award in so far as it includes Rs.5,000/- on account of loss of income is not tenable and it is set aside. The amount determined as compensation of Rs.37,500/- shall stand reduced to Rs.32,500/-. 4. The appeal is allowed to the above extent only. (K.KANNAN) JUDGE 19.08.2010 sanjeev