Tejalben Kantibhai Patel Minorthromother Shobhnaben & 4 ­S

1. These appeals arise out of the common judgment and award dated 31.01.1997 passed by the Motor Accident Claims Tribunal (Aux.II), Kheda at Nadiad in M.A.C.Ps. No.550/1988 and 1019/1988/1989, whereby, the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs.3,75,000/­ and 82,000/­ respectively along with proportionate costs and interest @12% per annum from the date of the application till its realization.

2. The aforesaid claim petitions arose out of the vehicular accident that took place on 10.04.1988 involving Luxury Bus bearing registration No. GTX 3250 and Matador bearing registration No. GUU 8968. The Tribunal disposed of the claim petitions by impugned common judgment and award.

3. The main contention raised on behalf of the appellant­Insurance Company is that as per the Insurance Policy of the vehicle in question, i.e. Luxury Bus, the liability of appellant­Insurance 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 appellant­Insurance Company liable to satisfy the entire award.

4. Heard learned counsel for the parties. It appears from the record that as per specific provisions contained in section 95(2)(b)(1) of the Act, the liability of appellant­Insurance Company is limited to Rs.50,000/­ only in respect of any one claim or series of claims arising out of one event. Hence, the Tribunal has seriously erred in holding the appellant­Insurance Company jointly and severally liable, to satisfy the entire claim instead of holding its liability to the extent of Rs.50,000/­ in respect of any one claim or series of claims arising out of one event. The appellant­Insurance 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 Rs.50,000/­ only in respect of any one claim or series of claims arising out of one event.

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 appellant­Insurance Company will be limited to Rs.50,000/­ only in respect of any one claim or series of claims arising out of one event. 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 appellant­Insurance Company. The appeals stand disposed of accordingly. No order as to costs.

[K.S. JHAVERI, J.] /phalguni/