LAWS(GJH)-2011-1-199

UNITED INDIA INSURANCE CO LTD Vs. HIRABEN

Decided On January 13, 2011
UNITED INDIA INSURANCE CO.LTD. Appellant
V/S
HIRABEN WD/O.DEVRAJBHAI POPATBHAI Respondents

JUDGEMENT

(1.) BOTH these Appeals arise out of the common judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Surat dated 29.12.1988 passed in M.A.C.P. Nos.474/1983 and 472/1983, by which the learned Tribunal has partly allowed the said claim petitions holding the appellant insurance company as liable to pay the compensation for the entire loss and damage caused to the third party.

(2.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the decision of the Division Bench of this Court in the case of New India Assurance Co. Ltd. Vs. Surajmal Virumal Mulchandani reported in 2000(O) GLHEL-HC 208672 in which it is held that additional premium is charged by the insurance company, it is liable to compensate for the entire loss and damage caused to the third party.