Guru Govekar
Vs. Miss Filomena F. Lobo & Ors [1988] INSC 151 (6 May 1988)
Venkataramiah,
E.S. (J) Venkataramiah, E.S. (J) Ojha, N.D.
(J)
CITATION:
1988 AIR 1332 1988 SCR Supl. (1) 170 1988 SCC (3) 1 JT 1988 (2) 273 1988 SCALE
(1)834
ACT:
Motor
Vehicles Act, 1939 Whether an insurer who has issued an insurance policy in
respect of a person against a liability which may be incurred in respect of
death of or bodily injury to any person or damage to any property of a third
party arising out of use of a motor vehicle in a public place, is liable to pay
compensation when liability arises when motor vehicle is in the custody of a
repairer.
HEAD NOTE:
A car
owned by a firm was entrusted to Guru, proprietor of M/s Auto Electrical Works,
for electrical repairs. The car was insured with M/s. Oriental Insurance Co.
Ltd. as required under the Motor Vehicles Act, 1939 ('The Act').
When Momad
Donttach an employee of the repairer, was repairing the car, the respondent No.
1 was knocked down when the car dashed against the said respondent as a result
whereof she had to be hospitalised and treated for injuries.
The
respondent No. 1 instituted a claim petition under section 110-A of the Act
before the Motor Accidents Claims Tribunal, impleading the firm-the owner of
the car-Guru, the repairer, Momad Donttach, the mechanic, and the insurer-M/s.
Oriental Insurance Co. Ltd.-as respondents. The respondents contested the
petition.
The
Tribunal passed its award, allowing a compensation of Rs.90,000 to the
respondent No. 1 for the injuries suffered by her, payable jointly and
severally by the insurer and all the other respondents. Aggrieved by the
decision of the Tribunal, the insurer and Guru filed appeals before the High
Court, which allowed the appeal of the insurer, however, holding that under
section 92 A of the Act, the insurer was liable to pay to the extent of
Rs.7,500. Guru's appeal was dismissed, holding that he and his mechanic Momad Donttach
alone were jointly and severally liable to pay the compensation, i.e. the entire
sum awarded minus Rs.7,500 above said. Aggrieved by the decision of the High
Court. Guru moved this Court for relief by special leave.
Allowing
the appeal and modifying the order of the High Court, the Court, 171 ^
HELD:
The only question of law arising for consideration was whether the insurer was
liable to pay the compensation to the claimant, which has to be resolved in the
light of the provisions of the Act. [175 B, C] If a policy is taken in respect
of a motor vehicle from an insurer in compliance with the requirements of
Chapter VIII of the Act, the insurer is under an obligation to pay the
compensation payable to a third party on account of any injury to his/her
person, property or to a legal representative of the third party in case of
death of the third party caused by use of the vehicle at a public place.
The
liability to pay the said compensation arises when the insured is using the
vehicle in a public place. It also arises when the insured has caused or
allowed any other person (including an independent contractor) to use his
vehicle in a public place and the death of or injury to the person or property
of a third party is caused on account of the use of the said vehicle during
such period, unless such other person has himself taken out a policy of
insurance to cover the liability arising out of such an accident. [176E-] In
this case, neither Guru Govekar, the repairer, nor his mechanic Momad Donttach
had taken a policy of insurance covering the liability to pay compensation
payable to a third party, when a motor vehicle taken for repairs from its owner
has caused the death of or injury to a third party.
When
the owner of a Motor vehicle entrusts his vehicle to a repairer to carry out
repairs, he is allowing the repairer to use his vehicle in that connection. It
is also implicit in the said transaction that unless there is any contract to
the contrary, the owner of the vehicle also causes or allows any servant of the
repairer, engaged in the work of repairs to use the vehicle in connection with
the work of repairs and when such work of repair is being carried out in a
public place, if on account of the negligence of either the repairer or his
employee engaged in the repair work, a third party dies or suffers injury to
his person or property, the insurer becomes liable to pay the compensation
under the provisions of the Act. While it may be true that under the Law of
Torts, the owner may not be liable on the principle of vicarious liability, the
insurer would be liable to pay the compensation by virtue of the provisions of
sections 94 and 95 of the Act. On the facts of the case, the insurer was liable
to pay the compensation found due to the claimant as a consequence of the
injuries suffered by her due to the negligence of the mechanic engaged by the
repairer who had undertaken to repair the vehicle, by virtue of the provisions
contained in section 94 of the Act. Any other view will expose the innocent
third 172 parties to go without compensation when they suffer injuries on
account of such motor accidents and will defeat the very object of introducing
the necessity for taking out insurance policy under the Act. [176H; 177A-C;
180F; 181F] The Court allowed the appeal, modified the order of the High Court
and directed the insurer to pay to the claimant the sum of Rs.90,000, etc.
[181G] Monk v. Warbey and others, [1935] 1 K.B. 75; McLeod (or Houston) v.
Buchanan, [1940] 2 All E.R. 179; Vijaynagaram Narasimha Rao and others v. Chanashyam
Das Tapadia and others, [1986] A.C.J. 850; Shantibai and others v. The
Principal Govindram C. Sakseria Technological Institute, Indore and others, [1972] ACJ 354; D. Rajapathi
v. University of Madurai and others, [1980] ACJ 113; New Asiatic Insurance Co.
Ltd. v. Pessumal Dhanamal Aswani and Ors., [1964] SCR 867, referred to.
CIVIL
APPELLATE JURISDICTION: Civil Appeal Nos. 1684-85 of 1988.
From
the Judgment and order dated 27.8.1987 of the Bombay High Court in First Appeal
No. 48 and 74 of 1986 K.J. John and Sanjay Grover for the Appellant.
S.K.
Mehta, M.K. Dua, S.M. Sarin, Aman Vachher, R.J. Goulay, Mrs. S.C. Dhanda
and H.K. Puri for the Respondents.
The
Judgment of the Court was delivered by VENKATARAMIAH, J. The short question
involved in this case is whether an insurer who has issued a policy insuring
any person specified in the policy against any liability which may be incurred
by him in respect of the death of or bodily injury to any person or damage to
any property of a third party caused by or arising out of the use of a motor
vehicle in a public place, is liable to pay compensation to such third party or
to his or her legal representatives as the case may be when the liability
arises when the motor vehicle is in the custody of a repairer.
One Sayed
Hussain was a partner of a firm by name M/s. International Ship Repairers
carrying on business at Vasco-da-Gama, Goa
which was the owner of an Ambassador car.
He
entrusted the said car 173 to Guru, proprietor of M/s. Auto Electrical Works on
26th February, .1983 with instructions to carry out electrical repairs to the car
and handed over the keys of the car to the repairer for that purpose. The car
had been insured by the owner with M/s. Oriental Insurance Co. Ltd. as required
by the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as
'the Act').
On the
evening of February 26, 1983 Filomena F. Lobo, respondent No. 1 herein, aged 27
years was returning home along with her friend and was walking on the left side
of the road. She noticed a car parked near Damodar Mandap and proceeded further
only to be knocked down by the very car which had reversed and dashed against
her back. The front tyre of the car passed over her abdomen and she had to be
treated at Dr. Vernekar's hospital and thereafter at Salgaoncar's Medical
Research Centre. After being discharged from the hospital where she spent about
20 days she was advised further treatment at Jaslok Hospital, Bombay and she
was undergoing treatment even when she instituted a Claim petition before the
Motor Accidents Claims Tribunal, South Goa at Margao impleading the firm of
which Sayed Hussain was a partner, Guru, the proprietor of M/s. Auto Electrical
Works, Momad Donttach, the employee of the repairer, who was repairing the car
at the time of the accident and the insurer M/s. Oriental Insurance Co. Ltd. as
respondents. She filed the Claim Petition under section 110-A of the Act
claiming a compensation of Rs.1,00,000 for injuries sustained by her on account
of the motor vehicle accident referred to above. The respondents contested the
petition.
The
owner of the car, that is the insured and M/s. Oriental Insurance Co. Ltd. the
insurer pleaded that the car had been entrusted to the repairer to do
electrical repairs job as an independent contractor and that Momad Donttach
attached to the garage of the repairer had taken away the car for driving
without holding a valid driving licence and without the consent of the owner of
the motor vehicle owner. Hence neither the insurer that is the insurance
company, nor the insured, that is, the owner of the vehicle, was liable to pay
any compensation. Momad Donttach the employee of the repairer pleaded that he
did not drive the vehicle involved in the accident at any time, that the
vehicle had been entrusted to carry out repairs to Guru, the repairer, that he
being a mechanic was carrying out the repairs by sitting on the front seat,
i.e., the seat other than that of the driver, that suddenly the vehicle got
into motion and started going in the reverse direction and that before he could
take the driver's seat and apply the brakes the vehicle got into the ditch and
stopped. He further contended that the applicant was guilty of contributory
negligence in as 174 much as she in exercise of due diligence ought not to have
walked A through the very little space between the vehicle and the wall. He,
however, did not deny that she suffered injuries on account of one of the
wheels of the vehicle running over her body. Guru, the repairer pleaded that Momad
Donttach was not his employee and he had never engaged him for any work and
that it was not true that he was driving the vehicle when the said vehicle was
allegedly given for electrical repairs. On the above pleadings the Tribunal
framed among others the following issues:(i) Whether the applicant proved that
the accident which caused injuries to the claimant on 26.2.83 at Vasco, was due
to the rash and negligent driving on the part of the mechanic,; (ii) whether
the applicant proved that the amount of compensation claimed was due.
reasonable and adequate; and (iii) whether the owner of the vehicle and the
insurer proved that the mechanic had driven the car without holding a valid licence
and without the consent of the owner The Tribunal on a consideration of the
oral and documentary evidence placed before it found that the claimant had suffered
injuries on 26.2.1983 on account of the rash and negligent handling of the
motor vehicle by Momad Donttach; that the claimant was not guilty of any
contributory negligence; that she was entitled to a compensation of Rs.90,000
for the injuries suffered by her; that Momad Donttach had a valid driving licence;
that the car had been entrusted by the owner to Guru, the repairer for carrying
out repairs; Momad Donttach was an employee of Guru; that the accident had
taken place when the repairs were being effected to the car; and that the
insurer and all other respondents were liable to pay the compensation of
Rs.90,000 jointly and severally with interest thereon at six per cent per annum
from the date of the claim till its complete satisfaction The Tribunal passed
its award accordingly Aggrieved by the decision of the Tribunal the insurer M/s
Oriental Insurance Co. Ltd and Guru to whom the car had been entrusted for
carrying out the repairs filed appeals before the High Court of Bombay Panaji
Bench. The High Court allowed the appeal filed by the insurer M/s. Oriental
Insurance Co. Ltd. but however held that under section 92A of the Act the
insurer was liable to the extent of Rs. 7,500 only. The appeal filed by Guru
was dismissed holding that he and his mechanic Momad Donttach alone were
jointly and severally liable to pay the compensation. The result of the
judgment of the High Court was that the entire compensation minus Rs.7,500
which the insurer was asked to pay under section 92A of the Act had to be paid
by Guru the repairer of the car and his mechanic Momad Donttach. Aggrieved by
the decision of the High Court Guru has filed the above appeals by special
leave.
175
There is no dispute that the insurer had issued a policy in respect of the car
in question as provided in the Act; that the claimant had suffered injury on
account of the negligence of the employee of the repairer, the appellant
herein; and that the car had been entrusted by the owner to the repairer to
carry out the repairs. The only question of law which arises for consideration
in this case is whether the insurer is liable to pay compensation to the
claimant.
Under
the Law of Toris the owner of a motor vehicle is no doubt not liable to pay
compensation to any third party who suffers any injury on account of the
negligence of the employee of an independent contractor, who has taken the
vehicle from the owner for his own (independent contractor's) use. The question
involved in this case has, however, to be resolved in the light of the
provisions of the Act. The material part of section 94(1) of the Act reads
thus:
"94.
Necessity for insurance against third party risk (1) No person shall use except
as a passenger or cause or allow any other person to use a motor vehicle in a
public place, unless there is in force in relation to the use of the vehicle by
that person or that other person, as the case may be, a policy of insurance
complying with the requirements of this Chapter . . ." The above provision
requires every person, who uses a motor vehicle in a public place, except as a
passenger, to take out a policy of insurance complying with the requirements of
Chapter VIII of the Act. It also requires a person, who causes or allows any
other person, to use his motor vehicle in a public place to take out policy of
insurance complying with the requirements of Chapter VIII of the Act unless
there is in force a policy of insurance in relation to the use of the vehicle
by that other person, as required by Chapter VIII of the Act. Section 95 of the
Act contains the requirements of such policies and limits of liability. The
relevant portion of section 95 of the Act reads thus:
"95.
Requirements of policies and limits of liability (1) In order to comply with
the requirements of this Chapter, a policy of insurance must be a policy which-
(a) is issued by a person who is an authorised insurer or by a cooperative
society allowed under section 108 to transact the business of an insurer, and
176 (b) insures the person or classes of persons specified in the policy to the
extent specified in sub-section (2)- (i) against any liability which may be
incurred by him in respect of the death of or bodily injury to any person or
damage to any property of a third party caused by or arising out of the use of
the vehicle in a public place The portion of section 95 of the Act, extracted
above, requires every person, who is the owner of a motor vehicle to take out a
policy against any liability which may be incurred by him in respect of the
death of or injury to any person or damage to any property of a third party
caused by or arising out of the use of the vehicle in a public place, from an authorised
insurer or a cooperative society allowed under section 108 of the Act to
transact the business of an insurer. Under section 95(2)(c) of the Act in the
case of motor vehicles other than those referred to in clauses (a) or (b) of
section 95(2) the policy of insurance should cover the amount of liability
incurred. Under section 125 of the Act whoever drives a motor vehicle or causes
or allows a motor vehicle to be driven in contravention of the provisions of
section 94 of the Act shall be punishable with imprisonment which may extend to
three months, or with fine which may extend to one thousand rupees, or with
both. Thus if a policy is taken in respect of a motor vehicle from an insurer
in compliance with the requirements of Chapter VIII of the Act, the insurer is
under an obligation to pay the compensation payable to a third party on account
of any injury to his/her person or property or payable to the legal
representatives of the third party in case of death of the third party caused
by or arising out of the use of the vehicle at a public place. The liability to
pay compensation in respect of death of or injury caused to the person or property
of a third party undoubtedly arises when such injury is caused when the insured
is using the vehicle in a public place. It also arises when the insurer has
caused or allowed any other person (including an independent contractor) to use
his vehicle in a public place and the death of or injury to the person or
property of a third party is caused on account of the use of the said vehicle
during such period, unless such other person has himself taken out a policy of
insurance to cover the liability arising out of such an accident.
In the
instant case neither Guru Govekar, the repairer, nor his mechanic Momad Donttach
had taken a policy of insurance covering the liability to pay compensation
payable to a third party, when a motor vehicle taken for repair from its owner
has caused the death or 177 injury to any third party giving rise to the
liability to pay compensation. When the owner of a motor vehicle entrusts his
vehicle to a repairer to carry out repairs he is in fact allowing the repairer
to use his vehicle in that connection.
It is
also implicit in the said transaction that unless there is any cantract to the
contrary the owner of the vehicle also causes or allows any servant of the
repairer who is engaged in the work of repairs to use the motor vehicle for the
purpose of or in connection with the work of repairs and when such work of
repair is being carried out in a public place if on account of the negligence
of either the repairer or his employee, who is engaged in connection with the
work of repair, a third party dies or suffers any injury either to his person
or property, the insurer becomes liable to pay the compensation under the
provisions of the Act. In this context we may refer to the provisions of
section 35(1) of the Road Traffic Act, 1930 which was in force in England, which at the relevant time read as
follows:
"35(1).
Subject to the provisions of this Part of this Act, it shall not be lawful for
any person to use, or to cause or permit any other person to use, a motor
vehicle on a road unless there is in force in relation to the user of the
vehicle by that person or that other person, as the case may be, such a policy
of insurance or such a security in respect of third-party risks as complies
with the requirements of this Part of this Act. " The above provision came
up for consideration before the English Court of Appeal in Monk v. Warbey and
others, [1935] 1 K.B. 75. In that case the plaintiff claimed damages for
personal injuries sustained by him as the result of a collision between a motor
coach driven by him and motor car belonging to the defendant, Warbey. The motor
car had been lent by Warbey to the defendant Knowles on whose behalf it was
being driven at the material time by the defendant May, and, as the plaintiff
alleged, being driven negligently.
Warbey,
the owner of the car, was insured against third party risks, but neither
Knowles nor May was insured against those risks. The plaintiff alleged that the
defendant Warbey by permitting the car to be used by Knowles and May, when no policy
of insurance was in force in relation to such user, committed a breach of the
duty imposed by section 35 of the Road Traffic Act, 1930. The plaintiff further
alleged that neither Knowles nor May was possessed of any means with which to
pay any sum in respect of the damage sustained by the plaintiff. The defendant Warbey
pleaded in the course of his defence (i) that the action against him was based
upon the alleged breach of a statutory duty and it was 178 not such a breach as
gave a cause of action to an injured member of the public; (ii) that in any
event the damage was too remote in law; and (iii) that the action against the
defendant Warbey was premature in that he could not be joined with Knowles and
May until the rights, if any, against them had been exhausted The trial Court
rejected the defence of Warbey and made a decree against him for 70.
Warbey
appealed to the Court of Appeal. Greer. L.J in the course of his judgment
explained the object of enacting section 35 of the Road Traffic Act, 1930 and
the basis of the liability of the owner of the vehicle at pages 80-81 thus:
"Consequently
the Road Traffic Act, 1930, was passed for the very purpose of making provision
for third parties who suffered injury by the negligent driving of motor
vehicles by uninsured persons to whom the insured owner had lent such vehicles
How could Parliament make provision for their protection from such risks if it
did not enable an injured third person to recover for a breach of s. 35? That
section which is in Part II of the Act headed 'Provision against third-party
risks arising out of the use of motor vehicles', would indeed be no protection
to a person injured by the negligence of an uninsured person to whom a car had
been lent by the insured owner. if no civil remedy were available for a breach
of the section The Act requires every person who runs a car to have an
insurance on the use of the car, and to provide himself with a certificate
stating the terms of the insurance. Section 35, sub-s. 1 says that 'subject to
the provisions of this Part of this Act, it shall not be lawful for any person
to use, or to cause or permit any other person to use, a motor vehicle on a
road unless there is in force in relation to the user of the vehicle by that
person or that other person, as the case may be, such a policy of insurance or
such a security in respect of third party risks as complies with the
requirements of this Part of this Act.' There is no dispute that the appellant
committed a breach of the section, but it is argued that taking the Act as a
whole it is clear that it was not intended to confer a right upon an injured
third person to claim damages for such a breach.
It
seems to me that the situation is exactly within the language of A.L. Smith L.J
in Groves v. Lord Wimborne, [1898] 2 Q.B 402 where he said at page 406: 'The
Act in question,' the Factory & Workshop Act, 1878 'which followed numerous
other Acts in pari materia, is not 179 in the nature of a private legislative
bargain between employers and workmen, as the learned judge seemed to think,
but is a public Act passed in favour of the workers in factories and workshops
to compel their employers to do certain things for their protection and
benefit.' The Lord Justice then said at page 407: 'Could it be doubted that, if
s. 5 stood alone, and no fine were provided by the Act for contravention of its
provisions, a person injured by a breach of the absolute and unqualified duty
imposed by that section would have a cause of action in respect of that breach?
Clearly it could not be doubted. That being so, unless it appears from the
whole 'purview' of the Act, to use the language of Lord Cairns in the case of
Atkinson v. Newcastle Waterworks Co., [1877] 2 Ex. D. 441, that it was the
intention of the Legislature that the only remedy for breach of the statutory
duty should be by proceeding for the fine imposed by s. 82, it follows that,
upon proof of a breach of that duty by the employer and injury thereby
occasioned to the workman, a cause of action is established.' The result of the
above construction may be stated as follows: prima facie a person who has been
injured by the breach of a statute has a right to recover damages from the
person committing it unless it can be established by considering the whole of
the Act that no such right was intended to be given. So far from that being
shown in this case, the contrary is established. To prosecute for a penalty is
no sufficient protection and is a poor consolation to the injured person though
it affords a reason why persons should not commit a breach of the
statute." Maugham, L.J. and Roche, L.J. agreed with the above view
expressed by Greer, L.J. The above decision was later on approved by the House
of Lords in McLeod (or Houston) v. Buchanan, [1940] 2 All E.R. 179. Summarising
the effect of the decision in Monk v. Warbey (supra) in Shawcross on Motor
Insurance, Second Edition at page 6 it is observed thus:
"(1)
The owner who delivers his car to a repairer will be liable to a third party
who sustains personal injuries and is unable to recover from the repairer
because the repairer has no insurance (g)." We agree with the view
expressed in Monk v. Warbey (supra). In India the opinion appears to be divided
on the liability of the insurer of a motor vehicle when the accident giving rise
to the claim takes place 180 when the motor vehicle is in the custody of a
repairer. In Vijayanagaram Narasimha Rao and Others v. Chanashyam Das Tapadia
and others, [1986] ACJ 850, Ramaswamy, J. of the High Court of Andhra Pradesh
held that once the owner had entrusted the motor vehicle to the licensed
mechanic to effect repairs, testing being integral part of effecting repairs
and the accident had taken place during the course of testing the vehicle, the
necessary conclusion was that the mechanic acted within his limits of authority
and in the course of the employment for and on behalf of the owner.
Therefore,
the owner should be vicariously liable for the acts of the mechanic.
Accordingly, he held that both the owner and the insurance company were also jointly
and severally liable for the payment of the compensation to the third party,
who had suffered the injury by virtue of the provisions of the Act. The
decision of the High Court of Madhya Pradesh in Shantibai and others v. The
Principal, Govindram Sakseria Technological Institute, Indore and others,
[1972] ACJ 354 is also to the same effect. G.L. Oza, J., as he then was, in the
course of the said decision rejected the contention of the insurance company
based on the exemption clause which exempted the insurance company from
liability arising out of an accident during the period when the motor vehicle
was used 'for hire or used for organised racing, pace-making, reliability
speed-testing', which was also one of the contentions urged before us in the
present case although the said contention could not be urged in the
circumstances of this case. We do not agree with the decision in D. Rajapathi
v. University of Madurai and others, [1980] ACJ 113 in which it has been held
that the doctrine of vicarious liability could not be extended to a case where
the accident had taken place on account of the negligence of the driver
employed by an independent contractor even when the claim is made not under the
Law of Torts but under the provisions of the Act. While it may be true, as we
have observed earlier, that under the Law of Torts, the owner may not be liable
on the principle of vicarious liability, the insurer would be liable to pay the
compensation by virtue of the provisions of section 94 and section 95 of the Act,
referred to above We may now refer to the decision of this Court in the New
Asiatic Insurance Co. Ltd. v. Pessumal Dhanamal Aswani and ors., [1964] S.C.R.
867. In that case the owner of a motor car had insured it with the appellant,
insurance company, under a comprehensive policy. He had permitted another
person, who had insured his own car with another company, to drive it and while
the other person was driving the car it met with an accident. As a result of
the accident one person died and another person sustained injuries. Both of
them were in the car. The heirs of the man who died and the Person who
sustained 181 injuries filed suits for damages. This Court held that on a
consideration of the provisions of sections 93 to 96 of the Act the insurer was
liable to indemnify the person or class of persons specified in the policy in
respect of any liability which the policy purports to cover in the case of that
person or those classes of persons. If the policy covers the insurer for his
liability to the third party, the insurer was bound to indemnify the person or
classes of person specified in the policy. The same was the effect of
sub-section (1) of section 96 of the Act which provided that the insurer was
bound to pay to the person entitled to the benefit of a decree he had obtained
in respect of any liability covered by the terms of the policy against any
person irrespective of the fact that the insurer was entitled to avoid or
cancel the policy. This meant that once the insurer had issued a certificate of
insurance in accordance with sub-section (4) of section 95 of the Act the
insurer had to satisfy any decree which a person receiving injuries from the
use of the vehicle insured had obtained against any person insured by the
policy. He was liable to satisfy the decree when he had been served with a
notice under sub-section (2) of section 96 of the Act about the proceedings in
which the judgment was delivered.
Thus
on the facts of the case before us we are of the view that the insurer is
liable to pay the compensation found to be due to the claimant as a consequence
of the injuries suffered by her in a public place on account of the car
colliding with her on account of the negligence of the mechanic who had been
engaged by the repairer who had undertaken to repair the vehicle by virtue of
the provisions contained in section 94 of the Act which provides that no person
shall use except as a passenger or cause or allow any other person to use a
motor vehicle in a public place, unless there is in force in relation to the
use of the vehicle by that person or that other person, as the case may be, a
policy of insurance complying with the requirements of Chapter VIII of the Act.
Any other view will expose innocent third parties to go without compensation
when they suffer injury on account of such motor accidents and will defeat the
very object of introducing 'the necessity for taking out insurance policy under
the Act.
We,
therefore, allow the appeal and modify the order passed by the High Court and
direct the insurer, the Oriental Insurance Company Ltd. to pay to the claimant
Miss Filomena F. Lobo a sum of Rs.90,000 along with interest and costs as
directed by the Tribunal. The parties shall, however, bear their own costs in
this Court and in the High Court.
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