1. This appeal has been preferred against the judgment and award dated 02.07.1998 passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No. 58 of 1988, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.70,900/- along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 29.07.1987 at around 0930 hours, while the respondent no. 1 was travelling in a rickshaw bearing no. GTE 8375, at a particular place, the driver of the rickshaw, owned by respondent no. 2 and insured with the appellant-Insurance Company, on account of rash and negligent driving, lost the control over the auto rickshaw, as a result of which, respondent no. 1 sustained severe bodily injuries. Later on, the claimant filed claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal,
3. Heard learned counsel for the respective parties and perused the documents on record. The main contention raised on behalf of the appellant Insurance Company is with respect to the limited liability under the Policy. However, it appears from the record more particularly, the Insurance Policy states that the insured has paid additional premium of Rs.90/- for the coverage of liability of passengers travelling in the vehicle. The wordings mentioned in the scheduled are clear and unambiguous. Looking to the terms of the policy, I find that the Tribunal was completely justified in rejecting the contention of the limited liability raised by the appellant Insurance Company. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal in the impugned award and hence, find no reasons to interfere with the same.
4. For the foregoing reasons, the appeal is dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/