NATIONAL INSURANCE CO LTD Vs. LALCHAND GUPTA

JUDGEMENT

(1.) THIS appeal by the insurance company (insurer) in respect of the truck bearing registration No. UTQ 7748, belonging to respondent No. 3, is directed against the award made by the Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 30 of 1985; decided on 25.7.1986.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 3.1.1985, truck bearing registration No. MPA 4801 belonging to claimant -respondent No. 1 was damaged in an accident which took place on account of collision of this truck with another truck bearing registration No. UTQ 7748 belonging to respondent No. 3 and being driven by respondent No. 2 on Allahabad Rewa Road between Mangawan and Gangev at the relevant time.

(3.) THE contention of the learned Counsel for the appellant insurance company is that the offending truck bearing registration No. UTQ 7748 stood insured with it for the period 16.11.1984 to 15.11.1985 during which the accident resulting in damage to the truck of the third party, the claimant, occurred and as per the insurance policy no additional premium has been charged for ensuring liability in excess to the statutory limit of Rs. 6,000/ -. It has been pointed out from the concerned policy which is on record that the schedule of premium therein contains a column for additional premium for increased third party limits both in respect of death or bodily injury to any person as well as damage to property caused by the use of the vehicle, but no amount of additional premium has been charged, which indicates that the cover of the liability under the policy is limited to the statutory limit of Rs. 6,000/ - in all, in respect of damage to any property of a third party. As such the liability of the appellant insurance company in respect of damage to the truck bearing registration No. MPA 4801 belonging to the claimant -respondent No. 1 cannot exceed Rs. 6,000/ -.