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Issues involved:
The appeal challenges the order of the Punjab and Haryana High Court regarding the liability of the insurance company in a compensation claim arising from a fatal accident involving a bus owned by a transport company. Judgment Details: 1. Factual Background: The accident involved the death of a bus conductor and multiple injuries to passengers due to a collision with another vehicle. The claimants sought compensation, leading to a tribunal awarding an amount exceeding the insurer's liability limit. 2. High Court Decision: The High Court increased the compensation amount but maintained the insurer's liability limit. It directed the insurer to pay the full compensation and recover the excess from the vehicle owner and driver. 3. Legal Precedent: Referring to a previous case, the Supreme Court clarified that the insurer's liability is limited to the policy amount. The Court highlighted the need to analyze each case's specific facts before directing payment and recovery. 4. Liability Limitation: The Court emphasized that the insurer's liability is restricted to the policy terms, and any excess amount should be recovered from the insured party. 5. Interest Rate: The Court set the interest rate at 9% per annum, starting from the accident date, and instructed prompt payment of the balance amount to the claimants within three months. 6. Precedent Interpretation: The judgment underscored the importance of considering the unique circumstances of each case before applying legal precedents. It cautioned against blindly relying on past decisions without proper analysis. 7. Final Decision: The appeal was allowed to the extent that the insurer was liable for a specific amount, with the remaining balance to be paid by the insured. No costs were awarded in the case.
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