KHAYALI LAL Vs. ISAMIYA

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 26th december, 1992 passed by the Judge, Motor accidents Claims Tribunal, Udaipur in Claim case No. 3/89, the claimants-appellants have preferred this appeal.

(2.) A claim petition was filed by the claimants contending that due to rash and negligent driving of the truck driver of Truck No. 7435, car No. GBQ 966 was dashed, resulting in death of car driver Kalu Miya. The dependants of Kalu Miya maintained claim petition, claiming Rs. 3,94,000/ -. However, the Tribunal awarded a sum of Rs. 2,15,000/- and interest at the rate of 12% in favour of the claimants, but out of the total claim allowed in favour of the claimants, liability of the Insurance company was maintained to the extent of rs. 1,50,000/- and remaining liability was fastened on the owner of the truck and others.

(3.) ASSAILING the judgment of the Tribunal, the learned Counsel forthe appellants pressed only one issue which is pertaining to the liability of the Insurance Company. It was urged thatthe original policy was not produced by the insurance, thus the Tribunal should have taken adverse inference and otherwise, insurance Company having charged Rs. 240/-towards premium, thus, it was liable to pay the entire sum of compensation awarded by the tribunal, in view of Section 2 of the policy. Referring to the conditions of the policy, it was submitted that the Insurance Company had agreed to indemnify entire liability of theinsured in case of death or bodily injury of third person. According to him, the Tribunal has failed to notice the terms and conditions of the policy, rather without discussing the matter in regard to the liability of the Insurance Company, simply a direction was issued to limit liability of the Insurance Company to the extent of rs. 1,50,000/-, though considering the same issue, this High Court has taken a view that if the Insurance Company has agreed to indemnify all the liabilities of insured, then insurance Company cannot take a plea that their liability is provided to the extent it is provided in the statute.