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Judgment
K.S. Jhaveri, J.—This appeal has been filed against judgment and award dated 05.09.1995 passed in M.A.C.P. No. 305 of 1985 by the Motor Accident Claims Tribunal (Main), Jamnagar, whereby the claim petition was partly allowed.
The facts in brief are that on 13.03.1985, Mr. Anwar Hasam-original claimant, Respondent No. 1 herein, alongwith original opponent No. 4, was travelling on a moped TVS bearing No. 8480. The claimant was travelling as a pillion rider. While passing through Dandar Road, the opponent No. 1 came with Truck bearing No. GTX 390 in excessive speed and while taking a short turn, he dashed with the applicant. Resultantly, the applicant sustained serious injury on his left leg, as a result of which, his leg was amputed beneath the knee. Therefore, Mr. Anvar Hasam-original claimant has filed application before the Tribunal for getting compensation of Rs. 3,00,000/-. The Tribunal, after considering the entire material on record, awarded compensation of Rs. 2,95,250/- together with proportionate cost and interest at the rate of 12 per cent per annum which was made payable by the opponent Nos. 1,2 and 3 jointly and/or severally. The United India Insurance Co. Ltd.- applicant herein has filed this appeal challenging the said award. Hence, this appeal.
Counsel for the Appellant contented that the Tribunal has failed to appreciate that the Insurance Policy at Exh. 38 is an Act Policy and therefore, the liability of the Insurance Company would be as per the date of the accident. Therefore, the liability would be Rs. 1,50,000/- only as per Section 95(2) of the M.C. Act, 1939.
Counsel for the Respondent has relied upon the judgment in case of New India Assurance Co. Ltd. v. Surajmal Virumal Mulchandani reported in 2000 (0) GHC 208 in which it is held that additional premium charged by the insurance company is liable to compensate for the entire loss and damage caused to the third party.
In my opinion, the premium of Rs. 240/- has been paid towards the liability to Public Risk. Not only that, but the additional premium of Rs. 48/- has been paid to make the liability third party risk unlimited. Therefore, the Insurance Company cannot escape from its liability to make full payment of compensation to the claimant, including cost and interest. In view of the above, the appeal deserves to be dismissed and the same is dismissed.