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Judgment
The Court
Shri Madan Goari, respondent No, 1 was admittedly injured on 5.11.1988, when a Maxi-Taxi (BEP 776) met an accident near Nildungri village on Tata-Chaibasa road, He was a passenger on the said vehicle.
On his application for compensation u/s 110-A of the Motor Vehicles Act, 1939, tribunal assessed a sum of Rs. 98,000/- with simple interest @10% per annum with effect from 5.5.1989 till payment to be made to him as compensation by insurrer of the said vehicle.
The Insurance Company, in the present appeal, filed u/s 110D of the Act, has claimed that in terms of the Insurance Policy, its responsibility to indemnify the liability of the owner, u/s 95 of the Act was limited to the extent of statutory liability.
The Insurance Company although contested the claim case before the tribunal, but failed to plead its limited statutory liability in the written statement filed there nor adduced any evidence in this regard. Even the Policy of insurance was not brought on record.
We, therefore, find that there is no foundation for such statement at this stage on behalf of Insurance Company.
The Insurance Company has not challenged quantum of compensation awarded by tribunal. Its grievance is that method of calculation of compensation amount was not correct. Multiplier method was applicable only in fatal accident cases and not in the present case, where compensation amount was assessed for sustaining injury in a motor accident on the basis of its resultant disablement and loss of working capacity of the injured-clamant.
In our opinion, there was no occasion to go into and decide this question because the appellant has not challenged quantum of compensation and owner of the vehicle has also not preferred any appeal against the impugned award.
We find, therefore, no merit in this appeal. Accordingly it is dismissed, but without costs.