1. This group of appeals arise out of the common judgment and award dated 01.05.1997 passed by the
claim petitions were partly allowed.
2. The aforesaid claim petitions arose out of the vehicular accident that took place on 15.05.1989 involving Jeep bearing registration No. GRW 9987 and Truck bearing registration No. GQY 4494. The Tribunal disposed of the claim petitions by impugned common judgment and award.
3. The main contention raised on behalf of the appellant-Insurance Company is that as per the Insurance Policy of the vehicle in question, i.e. Jeep, the seating capacity was six, including the driver and that the liability of appellant-Insurance Company in respect of any one claim or series of claims arising out of one event was limited to Rs.50,000/- only. Therefore, the Tribunal ought not to have held the appellant-Insurance Company liable to satisfy the award in excess of Rs.2.50 Lacs.
4. Heard learned counsel for the parties. It appears from the record that about seventeen persons were travelling in the vehicle (Jeep) at the time of accident. The Insurance Company of the Jeep limits the total number of passengers travelling in the vehicle to six only including the driver. Further, as per the Insurance Company, the liability of appellant-Insurance Company is also limited to Rs.50,000/- only in respect of any one claim or series of claims arising out of one event. In other words, the liability of appellant-Insurance Company would be limited to maximum amount of Rs.2.50 Lacs only and not beyond that since the total seating capacity of the vehicle is five. Hence, the Tribunal has seriously erred in holding the Insurance Company jointly and severally liable, along with other opponents, to satisfy the entire claim. The appellant- Insurance Company has not assailed the impugned award so far as the other aspects of the case are concerned. In view of the above, the liability of the appellant-Insurance Company shall be limited to a maximum amount of Rs.2.50 Lacs subject to 40% of the composite liability as apportioned by the Tribunal.
5. For the foregoing reasons, the appeals are partly allowed. The impugned common judgment and award is modified to the extent that the liability of the appellant- Insurance Company will be limited to a maximum amount of Rs.2.50 Lacs subject to the limit of 40% composite liability as apportioned by the Tribunal. The rest of the impugned award remains unaltered. The original claimants shall recover the balance amount from the owner of the vehicle. The excess amount, if any, lying with the Tribunal shall be refunded to the appellant-Insurance Company. The appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*