1. By way of this appeal, the appellants have challenged the judgement and award dated 17.03.1993 passed by the Motor Accident Claims Tribunal, Baroda in MACT Case No. 853 of 1987 whereby the Tribunal awarded an amount of Rs. 2,32,000/- alongwith interest at the rate of 12% per annum from the date of application till realisation. The Tribunal has limited the liability of respondent no. 3 to the extent of 15000/- only.
2. The original claimants had filed claim petition seeking compensation to the tune of Rs. 3,20,000/- in respect of the death of Shri Ranchhodbhai in a vehicular accident which occurred on 08.03.1987 when the deceased along with other passengers was travelling in a rickshaw bearing No. GRQ 3423 from Padra to Vadodara. It is the case of the original claimants the driver drove the rickshaw in a rash and negligent manner and the vehicle turned turtle. Shri Ranchhodbhai expired in the said accident and the legal heirs- present appellants therefore filed claim petition under the said circumstance. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Hasurkar, learned counsel for the appellant has contended that the Tribunal ought not to have limited the liability of the Insurance Company and ought not to have dismissed the claim of the appellant against the insurance company over and above Rs. 15000/-. In support of his submissions, Mr. Hasurkar has relied upon the decisions of the Apex Court in the case of New India Assurance Co. Ltd. vs. Vimal Devi reported in 2010 ACJ 2878 and in the case of United India Insurance Co. Ltd vs. K.M. Poonam reported in 2011(2) SCALE 568.
4. This court has heard the parties and perused the papers on record. The only contention raised by the learned advocate for the appellant is that the liability of the insurance company is to the extent of 15000/- only which is bad in law. As regards this the Tribunal has observed that the insurance company has recovered Rs. 90/- for three passengers meaning thereby that per passenger Rs. 30/- was recovered by way of premium as rickshaw policy covers risk of three passengers. The deposition of Ex. 47 shows that if the insured wanted to cover risk of passengers to the extent of unlimited liability then premium of Rs. 100/- had to be paid per passenger. This court is in complete agreement with the reasonings adopted by the Tribunal. The tariff chart clearly states that at th material time the insurance company was liable to the extent of Rs. 15000/- only per passenger if the premium of Rs. 30/- per passenger is recovered and therefore the Tribunal has rightly limited the liability of the insurance company to Rs. 15000/-.
5. In the case of New India Assurance (Supra), the Apex Court upheld the direction to pay the claimants entire amount of compensation though the liability was limited to Rs. 50000/- in view of the avoidance clause. However, no such issue is raised in the present case and therefore the said decision shall not be applicable.
5.1 In the case of United India Assurance Co. Ltd (supra), the Apex Court has taken into consideration subsection (1) of Section 149 of the Motor Vehicles Act and was deciding on an issue where the Insurance Company was already saddled with the liability by the Tribunal. The facts of the said case shall not be applicable in the present case.
6. Appeal is, therefore, devoid of any merits and deserves to be dismissed. Accordingly, appeal is dismissed.
(K.S. JHAVERI, J.) Divya//