( 1 ) THE United India Fire and General Insurance Co. Ltd. is in appeal against the award passed by Motor Accidents Claims Tribunal. Junagadh in Motor Accidents Claim Petition No. 33 of 1978 which was decided along with the companion claim petitions by common judgment. In order to appreciate the grievance of the appellant Insurance Company few relevant facts are required to be noted at the outset.

( 2 ) THE appellant Insurance Company had insured an auto-rickshaw GTW 259 against accidental risk under Insurance Policy which is at Ex. 21 on record of the case. The said auto-rickshaw was being plied on 15-2-77 at about 3 P. M. near the culvert between the villages Dungarpur and Padaria. At the relevant time the rickshaw was over-loaded with 10 passengers In the accident injuries were caused to the passengers in the rickshaw and one of them Lavji Bachu succumbed to his injuries. The heirs and legal representatives of Lavji Bachu as well as the other injured persons filed different claim petitions before the Motor Accidents Claims Tribunal Junagadh seeking compensation from the owner of the vehicle the driver of the vehicle and the appellant Insur- ance Company. They were joined as opponents Nos. 1 2 and 3 respectively in each of the claim petitions. We are concerned with Claim Petition No. 133 of 1973 which was filed by the heirs 4 and legal representatives of deceased Lavji Bachu. They had originally made a claim of Rs. 1. 00 0 However the Tri- bunal awarded an amount of Rs. 16 0 to the claimants with running interest at 6% per annum from the date of the application till realisation with propor- tionate costs.

( 3 ) THE Claims Tribunal awarded the amount payable by the owner the driver of the auto-rickshaw and the Insurance Company-the appellant. the contention before the Claims Tribunal was that as the deceased was a passenger of the insured vehicles the liability of the Insurance Company would be only Rs. 10 0 The learned Tribunal relying upon the endorsements on the policy Ex. 21 took the view that as the policy was comprehensive one and the limit of liability was mentioned at Rs. 50. 000. 00 full claim of Rs. 16 0 can the awarded also against the appellant. It is the part of the award which can been brought in challenge by the appellant in these present proceedings.

( 4 ) NOW it is an established position that even though this was a fatal accident case and even though the original claim was for Rs. 1 0 0 and the awarded amount was only Rs. 16 0 no cross-appeal or cross-objections are filed. We are therefore concerned only with the question whether the Insur- ance Company was liable to meet the full claim or only Rs. 16 0 with pro- portionate costs and interest as submitted by the learned Advocate for the res- pondents Nos. 1 and 2.

( 5 ) MR. Nanavaty the learned counsel for the appellant took us to the Insurance Policy Ex. 21 on record. Sec. II of the Insurance Policy contains usual clause regarding liability to third parties. Clause 1 thereof reads as under:"1 Subject to the limits of liability the Company will indemnify- the Insured ag- ainst all sums including claimants cost and expenses which the Insured shall be- come legally liable to pay in respect of i) death of or bodily injury to any person caused by or arising out of the use (including the loading and/or unloading) of the Motor Vehicle. ii) damage to property caused by the use (including the loading and/or unloading) of the Motor Vehicle". So far as limits of liabilities are concerned the following endorsement is found in the slip attached to the policy:"it is hereby declared and agreed that the limitations of liability should be read as under and not as mentioned in the policy. Limits of liability : Under Section II-I (1) Such amount as it is necessary to meet with requirement M. V. Act 1939 under Section II-I (2) :- Rs. 50 0 all other terms conditions and warranties remain unaltered". When the said endorsement is read in the light of Sec. II-Cla