CHANAN LAL SACHDEV Vs. GOPAL DAS CHOPRA

JUDGEMENT

(1.) -List revised.

(2.) HEARD Sri Nishant Mehrotra holding brief of Sri V. K. Gupta for the appellants. No one appears for any of the respondents including respondent No. 3, the main contesting party.

(3.) LEARNED counsel for the appellant has argued that the Tribunal without any discussion with regard to the liability of the insurance company simply on the basis of the insurance cover note Exhibit 5 on record has held that the liability of the insurance company was limited to Rs. 50,000. This is factually incorrect inasmuch as the appellant had paid extra premium for additional liability over and above Rs. 50,000. I have perused the original record of the Tribunal. The original record contains letter of the Divisional Manager, New India Insurance Company Limited dated 18th January, 1982 (paper No. 54-Ga). This letter is in connection with the insurance policy No. 448210258 covering the above truck for the period 1.7.1979 to 30.6.1980. According to the said letter the premium of Rs. 126 was realised from the appellant towards the insurance of the above truck in the following manner : Basic premium Rs. 125 For driver and cleaner Rs. 16 For additional T.P. (third party) liability Rs. 39 Total Rs. 180 Less 30% N.C.B. (No Claim Bonus) Rs. 54 Balance Rs. 126 Thus, from the above letter, it is apparent that apart from paying the basic premium of Rs. 125 and Rs. 16 for the insurance of the driver and the cleaner the appellant had paid a further sum of Rs. 39 for additional 3rd party liability. This letter further indicates that in the cover note a sum of Rs. 39 for additional 3rd party liability has been omitted. Therefore, the Divisional Manager regretted the inconvenience for the mistake in the cover note. Accordingly, the appellant had paid premium to cover third party liability over and above Rs. 50,000, for which the basic premium of Rs. 125 is realised. The Tribunal has completely ignored the effect of the above letter and as such incorrectly concluded that the policy was limited only upto the liability of Rs. 50,000. The above letter is most relevant and material piece of evidence on record to prove that the liability of the insurance company was not limited to Rs. 50,000 only.