1. This appeal has been preferred against the judgment and award dated 27.02.2003 passed by the Motor Accident Claims Tribunal (Main), Vadodara in M.A.C.P. No.898/1989 whereby, the claim petition was allowed in part.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 21.06.1988 involving an auto-rickshaw bearing registration No. GQB 1653 in which Bhimarao, husband of respondent no.1-claimant, had expired.
3. The main contention raised on behalf of the appellant-Insurance Company is that the liability of the Insurance Company is limited to the extent of Rs.1.50 Lacs only according to the Insurance Policy of the vehicle in question. However, the Tribunal did not appreciate the said aspect of the case and held the appellant, along with other opponent, jointly and severally liable to satisfy the claim.
4. Heard learned counsel for the parties. The Insurance Policy of the vehicle in question was produced on record at Exhibit-51. A bare perusal of the Policy shows that the Insurance Company would be liable to the extent of Rs.1.50 Lacs only considering the amount of premium which has been paid. When the premium was paid for covering limited liability, the Tribunal ought not to have held the liability of the Insurance Company to be unlimited. Hence, the impugned award of the Tribunal deserves to be modified accordingly.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the liability of appellant-Insurance Company shall be limited to the maximum amount of Rs.1.50 Lacs and not beyond that. The excess amount lying with the Tribunal shall be refunded to the appellant, after with-holding the amount of limited liability. It shall be open to the original claimant to recover the balance amount of compensation from the owner of the offending vehicle. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimant, then the same shall not be recovered from the original claimant but, shall be recovered from the owner of the offending vehicle. The impugned award stands modified to the above extent. Registry to transmit the amount lying with this Court to the Tribunal forthwith. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top