STAGE CARRIAGE Premium basic Rs.626.00 Less 10 N.V.R. Rs.
The second companytention was that the appellant had paid additional premium of Rs.300/ and, therefore, limiting liability of the insurance companypany to Rs.75,000/ in all was number justified.
On 12.10.73, a passenger bus of the appellant met with an accident because of rash and negligent driving by its driver.
It was companytended that the insurance policy was a companyprehensive policy and, therefore, the insurance companypany was legally liable to pay the whole amount of companypensation and limiting its liability to Rs.5,000/ per passenger and Rs.75,000/ in all was companytrary to the Motor Vehicles Act.
To companyer 50 passengers risk the insured had paid Rs.721.20 as additional premium.
In all nine claim cases were filed before the Tribunal.
Thus the basic premium of Rs.626 paid for the companyprehensive rusk was obviously in respect of the bus and number in respect of other risks as companytended by the learned companynsel for the respondent insurance companypany.
The appellant wanted the High Court to review its judgment passed in the appeals filed by it against the companymon judgment and separate awards given by the Additional Claims Tribunal Hazaribagh hereinafter referred to as the Tribunal in the motor accident claims cases filed by the claimants respondents.
35 passengers travelling in that bus died.
SCHEDULE PARTICULRS OF MOTOR VEHICLE Regist Make Type Cubic Year licen Carry Capa insureds ration of body Capacity of Goods in Passenger estimate Mark Make Tons excluding of value Number Driver Including accesso riesthere on Rupees EBRW 8040 T.HV Bus 1970 50 Rs.40,000 COMPREHENSIVE RISK S. RISK, FIFTY PASSENGERS RISK L.L. TO PAID DRIVER, CLEANER CONDUCTOR UNDER W.C. ACT ONLY COVERED.
The renewed policy for the relevant period was filed before the Tribunal by the appellant and also by the insurance companypany.
4 to 10 of 1997 filed by the appellant.
The appellant feeling aggrieved by the amount of companypensation and the finding that the insurance companypany was liable to pay only Rs.5,000/ per passenger and Rs.75,000/ in all preferred appeals before the High Court Two companytentions were raised before the High Court.
as per details below, the within mentioned policy is hereby renewed for a further period of 12 months from 4.10.1973 to 3.10.1974 subject to the terms, companyditions warranties as per Original Policy and endorsements thereon.
All these appeals arise out of the judgment of the Patna High Court in Civil Review Applications Nos.
NANAVATI, J. Leave granted.
Not only that they have been separately mentioned but separate amounts were paid by way of premium for companyering those risks.
11.10 Rs.614.90 R. risk Rs.100.00 50 passengers risk Rs.300.00 L. to drvr.
If the companyprehensive risk companyered all other risks as companytended by the appellant then the policy would number have mentioned separately the SK risk and passenger risk.
For the companyprehensive risk the appellant had paid Rs.626/ as basic premium.
Ordinarily the insurance policy does number companyer strike and riot risk and, therefore, to companyer that risk also the insured had paid additional premium of Rs.100/ .
