- (1.) This appeal has been filed by the claimant-appellants for enhancement of compensation and setting aside the finding of the Tribunal by which the Oriental Insurance Co.Ltd. has been exonerated from its liability to indemnify the owner of the offending vehicle to make payment of compensation jointly and severally.
(2.) Shri Ali Mohd.Khan, learned counsel appearing for the claimant-appellants has made two fold arguments. His first submission is that amount of compensation is towards the lower side and second is that the learned Tribunal erred in law while exonerating the Oriental Insurance Co.Ltd. from exonerating its liability from making payment of compensation, whereas as per the judgment of Supreme Court in General Manager United Insurance Co.Ltd. (The) Vs. M.Laxmi & Ors., 2009 AIR(SC) 626 when there is package policy as in the present case, the insurance company has to be held liable to indemnify the owner for payment of compensation jointly and severally. It is, therefore, prayed that the appeal be allowed and accordingly that finding of the Tribunal be set-aside and the amount of compensation be suitably enhanced.
(3.) Shri Rishipal Agrawal, learned counsel appearing respondent No.3-Oriental Insurance Co.Ltd. however opposed the appeal but could not controvert the ratio of the judgment of Supreme Court in M.Laxmi supra.;