15,000/ under the Policy.
The High Court affirmed the view taken by the Tribunal and the present appeal against the order of the High Court has been filed by special leave.
The premium under Part B of Schedule of Premium paid as against the seven passengers at Rs.
6,50,000/ for the death of their son, Akhilesh Kumar, aged about 22 years.
A perusal of the Insurance Policy, which has been exhibited through the witness examined on behalf of the Insurance Company, clearly shows that the Policy was in respect of seven passengers and one driver.
The only ground, which weighed with the Tribunal as well as with the High Court, that one companyumn was left blank in the Insurance Policy and, therefore, the case of the Insurance Company was that its liability was limited, cannot be accepted.
12/ per passenger was shown as Rs.
84/ and an additional sum of Rs.
RST 1286 along with three other adults and two children from Jaipur to Sawai Madhopur when the accident took place on 4th/5th May, 1998 at about 1.15 a.m. Before the Motor Accident Claims Tribunal for short Tribunal the appellant took a stand that its liability was restricted to a sum of Rs.
The deceased Akhilesh Kumar was travelling in a Jeep bearing No.
Appeal No.
This Court by an order dated 24.10.94, while granting interim stay, directed the appellant Insurance Company to deposit the entire Award money in the Tribunal.
8/ for the driver.
394/93.
Brief facts are the following Respondents 1 and 2 filed a Claim Petition under Section 110 A of the Motor Vehicles Act, 1939 claiming damages in a sum of Rs.
Aggrieved by the Award of the Tribunal, in particular, the finding that the Insurance Companys liability was unlimited, the appellant Insurance Company preferred an appeal to the Rajasthan High Court.
The said stand of the appellant was number accepted by the Tribunal and by its Award dated 27.2.93 it held that the liability of the appellant was unlimited and awarded a companypensation in a sum of Rs.2,44,000/ with interest at the rate of 12 per annum.
VENKATASWAMI, J. This appeal is preferred by the appellant Insurance companypany against the judgment and order dated 10.12.1993 of the Rajasthan High Court in Civil Misc.
