1 to 3 solely against the appellant under Order XLI Rule 22 CPC for the full pecuniary liability to be placed upon the insurer while enhancing the amount of companypensation from Rs.1,03,360/ to Rs.3,60,000/ with interest 15 per annum from the date of application.
In the appeal filed by the insurance companypany the learned Judge held that the claimant was a gratuitous passenger traveling in the car and, therefore, the insurance companypany was number liable.
The appeal filed by the driver was dismissed and in the appeal filed by the legal representatives of the claimant companypensation was increased to Rs.56,000/ by the Division Bench of the High Court.
The driver and the owner of the car filed appeals in this Court.
The High Court also allowed cross objections preferred by the claimants Respondents Nos.
Two Letters Patent appeals were filed one by the legal representatives of the claimant and another by the driver of the vehicle.
In the schedule of premium an additional payment of Rs.600/ in respect of 50 passengers was shown.
The claimant filed an appeal before the High Court for enhancement of companypensation.
The insurer fifth respondent filed appeal disputing its liability to satisfy the claim.
The truck owner the respondent number 4 preferred an appeal to the High Court.
Hence, these two appeals are brought by the appellant, aggrieved by the judgment and order of the High Court.
In claimants appeal companypensation was enhanced to Rs.20,800/ .
