DIPSINH KALYANSINH CHAUHAN Vs. DIPIKABEN

JUDGEMENT

(1.) The owner and the insurer of the truck have filed this appeal and they challenge the finding of the Tribunal that the liability of the insurer of the truck is limit to the statutory limit of Rs. 1.50 lacs. The reasoning of the Tribunal is in para 8 of its judgment. The Tribunal held that the liability for third party is limited because no extra premium is paid for wider liability.

(2.) The learned counsel for the appellants had drawn our attention to Ex. 77 the policy. The relevant part of the Schedule of Premium is as follows:-

(3.) The Tribunal observed that the extra premium of Rs. 150/- is for the property damage upto Rs. 3 0 0 This is clearly and completely misreading of the policy. As far as section II(1)(i) of the policy is concerned the third party limit is unlimited and as far as section II(1) of the policy is concerned the amount of limit which was to be filled in has been filled in with the words unlimited and against that the additional premium of Rs. 150/- is shown. It is therefore clear that the insurer has expressly agreed to give unlimited coverage under section II (1) (ii) of the policy. Both for clauses (i) and (ii) of section II (1) of the policy the liability of the insurer is I unlimited.