RAJES KUMAR,J. - (1.) HEARD Sri A.D. Saunders, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the Insurance Company.
(2.) THESE are three appeals by the owner of the vehicle against the order dated 30.11.1995. Learned counsel for the appellant submitted that under the Insurance Policy apart from premium payable to cover the risk of third party, a separate premium for passengers at Rs.672/ - was paid. Copy of the Insurance Policy is Annexure -1 to the affidavit. The insurance was a comprehensive insurance and there was unlimited liability of the Insurance Company. The Tribunal has erred in fixing the liability of Rs.15,000/ - only on the Insurance Company and the balance amount has been held liable to be paid by the appellant, the owner of the vehicle. Learned counsel for the Insurance Company submitted that the premium has been charged as per the tariff. As per tariff, apart from statutory premium, in respect of third party it also provides to cover the risk of the passengers of the passengers vehicle. The tariff provides four different premiums to cover the risk of the passengers, namely, for Rs.15,000/ -, Rs.20,000/ - and Rs.30,000/ - the premium was Rs.12/ -, Rs.23/ and Rs. 30/ - and for unlimited liability Rs.50/ -. The premium is to be paid as per the tariff which is binding upon the Insurance Company as well as on the insured. In the present case, the bus, which was involved in the accident and belonged to the appellant was of 56 seaters. The appellant has paid the premium at Rs.672/ - @ Rs12/ - per passenger. Therefore, as per the tariff, it covers the liability only to the extent of Rs.15,000/ - per passenger. If the appellant would have paid the premium @ Rs.50/ - per passenger, the liability of the Insurance Company would have been unlimited.
(3.) I have considered rival submissions and I do not find any substance in the argument of learned counsel for the appellant.;