NEW INDIA INSURANCE CO Vs. MADHU SUDAN SHARMA

JUDGEMENT

(1.) This appeal is directed against the Award dated 17.11.1987 of the Motor Accident Claims Tribunal, whereby the Tribunal has awarded a sum of Rs.70,000/- along with 12% interest from the date of filing of the petition till its realization payable by the Insurance Company.

(2.) In this appeal the Insurance Company has challenged the award on the ground that it has covered risk to the third party only in respect of 'Act only liability' and is not unlimited.

(3.) In the present case, the policy RW1/1 which is the only basis for the court to have arrived at any conclusion even though not proved in accordance with law shows that the Insurance Company had charged a basic premium of Rs.276/- together with 1/2 % of Insured Estimate Value (I.E.V.) of the insured vehicle which was Rs.30,000/- and a premium of Rs.150/- has been paid. A sum of Rs.108/- has been paid on account of legal liability to passengers. Another sum of Rs.10/- for legal liability for driver and conductor and for riot risk Rs.75/- has been paid.