ORIENTAL INSURANCE CO LTD Vs. MOHINDER KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th August, 1986 of the Motor Accident Claims Tribunal, New Delhi (for short "the Tribunal") in Suit No.138/1979, whereby the learned Tribunal has held the insurance company liable to pay the entire awarded amount while turning down the contention of the insurance company that it had a limited liability restricted to act- only.

(2.) The question that arises before me is whether the insurance policy in this particular case Ex.R3W1/1 is one that limits the liability of the insurance company to the act only or is it unlimited. For this purpose, I hardly need to set down the facts of the case or to go into any aspect other than the one raised before me.

(3.) It is contended by counsel for the appellant/insurance company that bare perusal of the policy shows that a basic premium of Rs.496/- together with half per cent IEV Rs.270/- has been paid. In addition thereto, a sum of Rs.135/- to cover riot and strike and Rs.16/- to cover wider legal liability has also been paid. The policy shows that basic premium is Rs.496/-, the same should be read as limiting the liability to the act only.