IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.325 of 1993 Date of decision:30.06.2010 New India Assurance Company Limited and another ....Appellants versus Satnam Singh alias Satta and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M. Suri, Senior Advocate, with Ms. Radhika Suri, Advocate, for the appellants. None for the respondents. ---- 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 contention in appeal is that although the issue of limit of liability was taken specifically by the Insurance Company, the same has not been addressed by the Tribunal. The Tribunal had awarded compensation of Rs.1,15,000/- and directed the amount as payable by the Insurance Company. 2. The learned counsel refers to the fact that the accident involved a passenger bus and the date of accident was 25.08.1988. The statutory liability as per Motor Vehicles Act of 1939 was Rs.50,000/- per passenger for 3rd party and the restriction of liability ought to have been made inasmuch as a policy provided for the liability as per the FAO No.325 of 1993 - 2 - requirements of the Motor Vehicles Act of 1939 only. The contention of the Insurance Company merits acceptance and the liability shall stand restricted to such an extent. If the amount has already been paid in excess by the Insurance Company, the amount shall not be recovered from the claimants. However, if the amount in excess of the contractual liability as provided through statute has not been paid, the same shall be recovered by the claimants only against the insured. This appeal is allowed subject to such modification of the award as referred to above. There shall be however no directions as to costs. (K.KANNAN) JUDGE 30.06.2010 sanjeev