1. Respondent no.7 is ordered to be deleted, at the instance of learned counsel for the appellant.
2. This appeal has been preferred by appellant, original opponent no.3 in M.A.C.P. No.130/1987, which was preferred by respondents no.1 to 6 herein, original applicants, before the Motor Accident Claims Tribunal (Aux.), Banaskantha at Palanpur in connection with the vehicular accident that took place on 01.03.1987 in which Ramabhai expired. The said claim petition was allowed in part by judgment and award dated 24.10.2003 whereby, the claimants were awarded total compensation of Rs.1,10,240/- along with interest at the rate of 9% per annum from the date of application till its realization.
2. Heard Mr. Sunil Parikh learned counsel for the appellant and Mr. EE Saiyed learned counsel for respondent no.8. None appears on behalf of respondents no.1 to 6 though served.
3. The main contention raised on behalf of the appellant-Insurance Company is that as per the Policy (Exhibit-32) the liability of the appellant-Insurance Company is limited to Rs.15,000/- per passenger. However, the Tribunal erred in holding that the liability was limited to the extent of Rs.65,000/- and not Rs.15,000/-
per passenger. Having gone through the records of the case, more particularly, the Policy Exhibit-32, it is evident that liability of the appellant-Insurance Company is limited to Rs.15,000/- per passenger. When the Policy itself limits the liability at Rs.15,000/- for one passenger, the Tribunal ought not to have held the appellant liable to satisfy the claim in excess of the said limit. Hence, the impugned award holding the appellant liable to satisfy the claim in excess of the limit of Rs.15,000/- per passenger deserves to be modified suitably.
4. For the foregoing reasons, the appeal is partly allowed.
The impugned award passed by the Tribunal is modified to the extent that the liability of the appellant- Insurance Company shall be limited to only Rs.15,000/- [Rupees Fifteen Thousand only] per passenger. It is clarified that if the amount lying with the Tribunal concerned in pursuance of the impugned award, is already withdrawn by the original claimants, then the same shall not be recovered from the original claimants but, shall be recovered from the owner of the offending vehicle. But, if the same has not been withdrawn by the original claimants, then the same shall be refunded to the Insurance Company and the claimants shall be at liberty to recover the balance amount from the owner of the offending vehicle. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*