NEW INDIA ASSURANCE COMPANY LIMITED Vs. KIRAN SINGH

JUDGEMENT

(1.) These two appeals arise from the same judgment and order and they are being disposed of by this common judgment. Civil Appeal No. 5463 of 1998 had been filed by the New India Assurance Co. Ltd. against the Award and Civil Appeal No. 3783 of 1999 had been filed by the claimants for the enhancement.

(2.) Briefly stated the facts are as follows :-

(3.) Counsel for the appellant-company argued that the original policy issued by the appellant-company had an endorsement affixed to it by which "I.M.T. 13" was incorporated as a term of the policy and, therefore, the premium paid by the owner could fetch only to the tune of Rs. 30,000/- as compensation per passenger. It is argued that the premium amount paid was Rs. 1290/- covering the risk of 43 passengers and, therefore, the amount per passenger comes to Rs. 30/- and as per the Indian Motor Tariff Rules the liability of the company is only to the extent of Rs. 30,000/- per passenger. It is further argued that the company had filed true copy of the policy before the Tribunal in which there is an endorsement "I.M.T. 13," but both the Tribunal and the High Court have committed an error in placing reliance on the copy of the policy which was produced by the Bank Manager, in which there was no endorsement "I.M.T.13" as in the case of the copy of the policy produced by the appellant-company.