NATIONAL INSURANCE COMPANY LIMITED Vs. PRAMILLA DEVI

JUDGEMENT

(1.) THE appellant M/s National Insurance Company Limited has preferred this appeal against the judgment, dated 13th May, 1994, passed in Motor Accident Claim Case No. 3 of 1993/13 of 1992/15 of 1989 by the Additional District Judge -cum -Motor Accident Claims Tribunal, Jehanabad, and the award, whereby the Claims Tribunal has awarded a compensation of Rs. 01,44,000/ - to the claimant. According to the award of the Claims Tribunal, the National Insurance Company Limited has to pay an amount of Rs. 75,000/ - with future interest at the rate of six per cent per annum and Binod Kumar owner of the Maxi -Taxi BEB 498 which was involved in the accident and its driver Bijay Kumar have to pay a sum of Rs. 69,000/ - with future interest at the rate of six per cent per annum, out of the total compensation amount of Rs. 01,44,000/ -.

(2.) ACCORDING to the appellant, the owner Binod Kumar and driver Bijay Singh of the vehicle had not appeared in the case and the case was heard ex parte against them and the appellant had filed copy of insurance policy of the vehicle which was limited liability policy and the owner had paid premium of Rs. 180/ - for the coverage of risk of fifteen passengers only at the rate of Rs. 12/ - each and according to the motor tariff the maximum liability of the Insurance Company on the premium of Rs. 12/ - per passenger would be Rs. 15,000/ - only and according to insurance policy also the insurers liability is of Rs. 15,000/ - only on payment of Rs. 12/ - as premium per passenger. According to the appellant, the judgment and award of the Claims Tribunal is fit to be set aside.

(3.) IT was argued by the learned lawyer for the appellant that the premium was paid for fifteen passengers at the rate of Rs. 12/ - per passenger and the liability of the Insurance Company per passenger was limited to Rs. 15,000/ - only.