UDDHAV Vs. MEENA AND ORS.

JUDGEMENT

(1.) This is an appeal by the original respondent No. 1/owner of the offending vehicle, challenging judgment and award dated 09.10.2009 passed by the learned Member of Motor Accident Claim Tribunal, Beed in MACP No. 260 of 2005, whereby claim petition filed by the present respondents 1 to 3 came to be allowed partly by granting compensation of Rs. 4 lakhs on account of death of Bandu Kolekar in the vehicular accident. Respondent No. 4 herein was respondent No. 2 and respondent No. 5 herein was respondent No. 3 before the trial Court. For the sake of convenience, the parties shall be referred to in their original capacity.

(2.) Facts, leading to the institution of the present proceeding can be summarized thus:

(3.) Heard Shri Chapalgaonkar, learned counsel for the appellant. He drew my attention to the evidence of Ganesh Gujar, Branch Manager of the Insurance Company as well as Insurance policy at Exh. 67 and contended that as the policy was a package policy also called as comprehensive policy, liability of the Insurance Company is unlimited. He submitted that special premium was charged and received by the Insurance Company for risk of occupant in the vehicle involved in the accident. Therefore, in the submission of learned counsel for appellant, award needs to be suitably modified by making Insurance Company liable to pay entire amount of compensation awarded by the Tribunal.