UNITED INDIA INSURANCE COMPANY LTD Vs. PARVATHI

JUDGEMENT

(1.) UNITED India Insurance Company Limited is the appellant in all these appeals. The respondents/claimants are either the injured persons or the legal heirs/dependants of the deceased. The appellant challenges the award passed by the Tribunal only on the ground that their liability is limited under the Motor Vehicles Act, 1939 and that therefore the order passed by the Tribunal directing them to pay the entire amount awarded which is over and above of the limited liability is not proper. Hence, it has became unnecessary for me to go into the details of the case.

(2.) THE learned advocate for the appellant has submitted that the accident had taken place on 16.8.1985 and the vehicle involved is a passenger van bearing Reg. No. TME 7962 which is admittedly insured with the appellant. It is submitted that the owner of the said passenger van had taken Insurance Policy with the appellant and the same has been marked as Ex. Bl in which he had paid a sum of Rs. 240/- for 20 passengers i.e., at the rate of Rs. 12/- per passenger. THE India Motor Tariff has been marked as Ex. B2 in which at page 19 the legal liability of the Insurance Company in respect of the accident to the passengers' vehicle is shown that if Rs. 12/- per passenger is paid as premium, the liability of the Insurance Company is only to the extent of Rs. 15,000/-As such it is contended on behalf of the appellant that their liability is only to the extent of Rs. 15,000/- and the same was not properly considered by the Tribunal.

(3.) IN the result all the C.M.As. are dismissed. The Respondents/Claimants are entitled to withdraw the amount deposited by the appellant with accrued interest. The right of the appellant INsurance Company to be indemnified by the owner of the vehicle is hereby given to the appellant. No costs.