F.A.O.NO. 932 OF 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 932 OF 1991 Date of decision:6th August, 2010 The New Inida Assurance Co. Ltd. .......Appellant Versus Rajinder Singh and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Ravinder Arora, Advocate with Mr. Neeraj Khanna, Advocate, for the appellant. None for the respondents. 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 09.01.1989 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. The amount in excess namely Rs. 40,000/- with interest shall be borne by the insured himself. F.A.O.NO. 932 OF 1991 2 2. 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