F.A.O.NO. 1297 OF 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1297 OF 1991 Date of decision:6th August, 2010 The New India Assurance Company Ltd. .......Appellant Versus Smt. Lajwanti and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the appellant. None for respondent Nos. 1 and 2. Mr. R.M.Suri, Advocate for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The only point urged in the appeal by the insurer is that in spite of a limited liability under a policy governed by the Motor Vehicles Act 1939, the insurer has been made to shoulder the liability in excess of statutory limit. The accident in this case has arisen on 26.07.1987 when the 1939 Act was still in force. The restriction of liability on the terms of policy was Rs. 1,50,000/- and consequently the insurer could not have been made liable for an amount excess of Rs. 1,50,000/- with interest. 2. It is contended by the respondent that the plea which F.A.O.NO. 1297 OF 1991 2 was taken in the statement does not find discussion in the award of the Tribunal. In my view, it can not make a difference, for the liability if restricted by the statute, there cannot be a liability more than what statute provides for. 3. The award of the Tribunal is modified to the above extent, making the restriction as above. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 6th August, 2010 Shivani Kaushik