NAVRATAN @ NORATMAL & ORS Vs. HANUMAN & ORS

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellants for enhancement of compensation and setting aside the finding of the Tribunal by which the liability of the insurance company has been limited only to Rs.50,000/- seeking further direction to direct the insurance company to make payment of compensation jointly and severally.

(2.) Shri J.P. Gupta, learned counsel appearing for the claimant-appellants has made two fold arguments. His first submission is that amount of compensation is towards the lower side and second is that the learned Tribunal erred in law while restricting the liability of the insurance company to pay compensation to the extent of Rs.50,000/- only, whereas as per the judgment of Supreme Court in General Manager, United Insurance Co.Ltd. (The) Vs. M.Laxmi & Ors.,2008 MACD 418 when there is package policy as in the present case, the insurance company has to be held liable to indemnify the owner for payment of compensation jointly and severally. It is, therefore, prayed that the appeal be allowed and accordingly that finding of the Tribunal be set-aside and the amount of compensation be suitably enhanced.

(3.) Miss Raj Sharma, learned counsel appearing respondent No.3-National Insurance Co.Ltd. however opposed the appeal but could not controvert the ratio of the judgment of Supreme Court in M.Laxmi supra.