1.0 This appeal is directed against the judgement and award dated 1st February 1994 by the learned Motor Accident Claims Tribunal (Main), Mehsana in Motor Accident Claim Petition No.954 1987, whereby the Tribunal has awarded a sum of Rs.1,25,000/- along with interest at the rate of 15% per annum.
2.0 One Chandrakant Nagindas, the appellant-original claimant along with his mother Kalavatiben had gone to Kalol on 25.07.1987 and at about 11.30 pm they were waiting at the S.T. Bus stand, Kalol as they wanted to go to Pansar. In the meanwhile an auto rickshaw came there and therefore they decided to go in that rickshaw. When the said rickshaw reached near Vadaiswami village the rickshaw turned turtle and the appellant and others injured. Therefore the appellant filed the aforesaid claim petition wherein the aforesaid award came to be filed. The appeal is at the instance of the original claimant.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal committed an error in restricting the liability of the Insurance Company at Rs.15,000/- only. According to him the liability of the goods vehicle is upto Rs.1,50,000/- and for the private vehicles including two and three wheelers the liability is unlimited and only for the passenger carrying (for hire or reward) vehicles the liability is Rs.15,000/-.
4.0 Thus, the only question to be decided in this appeal is with regard to the liability. In this regard the Tribunal in para 11 it is held as under:
"11. Regarding the liability of the Insurance Company, the rickshaw No.GRW 8718 is insured with opponent no.3 and the policy was valid on the date of the accident and the premium of three passengers of Rs.90/- is paid and the risk is covered to the extent of Rs.15,000/- per one passenger not only motor tariff but as per the provisions of Motor Vehicles Act. So the Insurance Company is liable to the extent of Rs.15,000/- and remaining amount of compensation has to be paid by the owner of the vehicle. So I answer Issue No.(3) in the affirmative accordingly."
5.0 Thus, as per the policy and the premium paid the risk is covered to the extent of Rs.15,000/- per passenger. Learned Advocate for the appellant is not in a position to point out that the risk is covered for more than Rs.15,000/- as the policy specifically stipulates for the same. The premium was also paid to cover the risk to the extent of only Rs.15,000/-.
6.0 I am therefore in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. Hence the appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru* Top