F.A.O No.597 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No.597 of 1992 Date of decision: 30th June, 2010 New India Assurance Company Ltd. .......Appellant Versus Manu and others .........Respondents Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the appellant. 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 only point that arises for consideration before this Court in the appeal filed by the Insurance Company is the extent of liability which the Insurance Company shall bear for a claim arising out of a motor accident. The vehicle involved was an Auto Rickshaw and the policy produced before the Court stipulates(Ex: R-4) the limit of liability to be the amount as is necessary to meet the requirements of the Motor Vehicles Act, 1939. The accident took place on 30.03.1989 and as per Section 95 clause 2 sub clause (vi) of the Act the extent of liability for a passenger under the Motor Vehicles Act was Rs. 50,000/-. The F.A.O No.597 of 1992 2 amount awarded as compensation is Rs. 86,400/- and the amount awarded in excess of Rs. 50,000/- shall be recovered only from the insured. In other words the liability of the Insurance Company shall be only for Rs. 50,000/- with interest towards the claim made in the petition. 2. The award is modified to restrict the liability of the Insurance Company in the above manner. 3. The appeal is allowed to the above extent only. [K.KANNAN] JUDGE 30th June, 2010 Shivani Kaushik