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Rajasthan High Court · body

2003 DIGILAW 1666 (RAJ)

National Insurance v. Hans Kanwar

2003-12-15

RAJESH BALIA, SUNIL KUMAR GARG

body2003
JUDGMENT 1. 1. We have heard learned counsel for the parties. 2. The only ground raised in this appeal is whether the liability of the Insurance Company was limited upto Rs. 50,000/- only or unlimited to the full extent as held by the learned Single Judge. We notice from the judgment of the learned Single Judge that a premium of Rs. 836/- was charged additionally to cover unlimited liability. It has clearly been recorded by the learned Single Judge that even as per the insurance Policy, which has been placed on record and which has been admitted by the learned counsel for the respondent insurance Company; an amount of Rs. 336/- was charged by the Insurance Company to cover the unlimited liability'. As the additional extra premium of Rs. 3361- was charged for covering the unlimited liability, the Insurance Company was held liable to indemnify whole of the claim. 3. In view of the charging premium for unlimited liability, it is now not open to urge for the learned counsel for the Insurance Company that the 1s insurance policy was not for unlimited liability or that the extra premium was not charged. 4. The fact that additional premium was charged to accept unlimited liability was admitted by the learned counsel for Insurance Company before learned Single Judge is not in dispute. In these circumstances, the conclusion of learned Single Judge about unlimited liability of Insurance Company is unexceptionable. 5. Accordingly, the appeal fails and is hereby dismissed. No orders as to costs. 6. Cross objection has also been filed on behalf of respondent No. 6 the owner of the vehicle, that in case appeal by Insurance Company is accepted, the entire award may be set aside. Since we have dismissed the appeal. the cross objection does not survive for consideration.Appeal and Cross - Objection Dismissed. *******