IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.708 of 1989 Date of decision:30.06.2010 The New India Assurance Company Limited ....Appellant versus Mohinder Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M. Suri, Senior Advocate, with Ms. Radhika Suri, Advocate, for the appellant. 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) The only point for consideration in the appeal is a restriction of liability of the Insurance Company to a statutory limit of Rs.1,50,000/- for anyone accident as per Motor Vehicles Act of 1939. The Court had awarded compensation of Rs.1,92,000/-. This was an accident relating to a period before the commencement of the Motor Vehicles Act of 1988 and the rights of parties are governed by the Motor Vehicles Act of 1979. As per the terms of the policy, the liability is as what is provided under the Act of 1939. The Court has not considered that the old enactment provided for a cap on liability. The award of the Tribunal is modified to restrict the liability of the Insurance Company to Rs.1,50,000/- with interest and the balance shall be recovered against the owner of the FAO No.708 of 1989 - 2 - vehicle only if the amount has already been paid. The appeal is, therefore, allowed to the extent restricting the liability on the Insurance Company to Rs.1,50,000/- with interest. There shall be however no directions as to costs. (K.KANNAN) JUDGE 30.06.2010 sanjeev