* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ F.A.O. No.393 of 1996
% 03.06.2010
UNITED INDIA INSURANCE CO. LTD. ...... Appellant
Through: Mr. Vishnu Mehra & Mr. R.L. Kadamb,
Advocates.
Versus
SAROJ YADAV & ORS. ......Respondents
Through: Mr. Anil Grover & Mr. Manish Kumar,
Advocates.
Reserved on: 20th May, 2010
Pronounced on: 3rd June, 2010
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. The present appeal has been filed by the insurance company assailing award of the Tribunal dated 8th October, 1996 wherein the Tribunal had held that the insurance company being insurer of the offending vehicle was liable to pay the entire award amount and the liability of the insurance company was not limited liability.
2. The insurance company had taken a plea before the Tribunal that the liability of the insurance company was limited to Rs.50,000/-. The insurance company had relied upon Exhibit RW 1/F which was produced before the Tribunal as a copy of the original policy; however, the Tribunal observed that carbon copy of the policy does not contain the terms and conditions. The proposal form was not produced. The policy was subject to certain endorsements. Those endorsements were not proved before the court. Thus, the F.A.O. No.393/1996 Page No.1 of 3 insurance company failed to prove that its liability was limited to Rs.50,000/-.
3. In the appeal, insurance company has relied upon the copy of insurance policy which shows that the premium charged by insurance company from the TSR owner was Rs.48/- for 'Public Risk Liability'. The premium for 'Act Only Liability' as per tariff was Rs.40/-. The tariff schedule is reproduced as under :-
CLASS B (3) : PASSENGER CARRYING VEHICLES:
MOTORISED RICKSHAWS Subject to Endorsement No.26 except in the case of FLiability to the Public Risks and 'Act Only' Liability Polices Compulsory Excess will apply as under :-
[i] Vehicles not exceeding 75 c.c. ... Rs.100/- [ii] Vehicles exceeding 75 c.c. ... Rs.250/-
Minimum values for premium computation in respect of vehicles exceeding 75 c.c. shall be as follows irrespective of the lower value declared for insurance :
Upto 150 c.c. ... Rs.1500/-
Upto 250 c.c. ... Rs.2500/-
Over 250 c.c. ... Rs.4000/-
Cubic Capacity Own Damage Liability 'Act
to the Only'
Public Liability
Risks
Not exceeding 50 c.c. Rs.28/- Rs.36/- Rs.30/-
Not exceeding 75 c.c. Rs.50/- Rs.36/- Rs.30/-
Not exceeding 350 c.c. Rs.80 + 0.55% Rs.48/- Rs.40/-
on I.E.V.
Not exceeding 750 c.c. Rs.105 + 0.65% Rs.72/- Rs.60/-
on I.E.V.
Exceeding 750 c.c. Rs.163 + 0.55% Rs.72/- Rs.60/-
on I.E.V.
4. This court in F.A.O. No. 257 of 1991 titled Neeta Trehan & Ors. Vs. Gopal Krishan & Ors., decided on 17th May, 2010 has held that the liability of insurance F.A.O. No.393/1996 Page No.2 of 3 company has to commensurate with the premium charged and liability of insurance company can be held to be limited only if premium charged by insurance company was as per tariff rates of 'Act Only Policy'. If the premium charged was over and above 'Act Only Policy', the liability cannot be held to be limited. The facts of this case are squarely covered by Neeta Trehan's case (supra).
5. I find no force in this appeal. The appeal is hereby dismissed.
SHIV NARAYAN DHINGRA J.
JUNE 03, 2010 'AA' F.A.O. No.393/1996 Page No.3 of 3