NATIONAL INSURANCE CO LTD Vs. LAGAMANNA

JUDGEMENT

(1.) IN this appeal, national Insurance Co. Ltd. has questioned the finding of Tribunal saddling liability on it to pay the compensation to the injured-claimants.

(2.) WE have heard learned counsel Mr. A. N. Krishnaswamy for the appellant and the learned counsel, Mr. Vigneshwar Shastri for the respondents. It is contended by mr. A. N. Krishnaswamy that the policy in question does not cover the risk of the coolies carried in the tractor-cum-trailer as no extra premium was paid to cover such a larger liability and in view of this position, it is not in dispute between the parties that tribunal could not have fastened the entire liability on the insurance company, but at the most, it could have confined the liability of the respondent insurance company to that which arises out of the Workmen's compensation Act. In this regard, reliance is placed on the decision of Apex Court. So far as the quantum of compensation is concerned, learned counsel for respondent has got no grievance. Therefore, the only issue is whether the Claims Tribunal was right in fastening the entire liability on the insurance company.

(3.) IN view of there being no dispute insofar as the facts of the case are concerned and the policy in force not indicating extra premium being paid to cover the case of the injured-claimant who was travelling in the vehicle in question, the Tribunal could not have put the entire liability on the insurance company. This conclusion of ours is fortified by the law laid down by the Supreme Court in the case of National insurance Co. Ltd. v. Prembai Patel, 2005 acj 1323 (SC ). In the said case, the Apex court laid down the following proposition of law: