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ANOOP KUMAR DHAND
National Insurance Company Limited – Appellant
Versus
Pushp Kanwar W/o Late Ram Singh Shekhawat – Respondent
JUDGMENT :
ANOOP KUMAR DHAND, J.
1. Both the misc. appeals arise out of a common judgment, hence same are being decided together.
In Civil Miscellaneous Appeal No. 2709/2013
2. Instant appeal has been preferred by the appellant-Insurance Company against the judgment and award dated 15.07.2013 passed by the Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur (for short ‘the Tribunal’) in MAC Case No. 25/2010 whereby claim petition filed by the claimants-respondents was partly allowed and a sum of Rs. 14,25,775/- was awarded as compensation.
3. Counsel for the appellant-Insurance Company submitted that the appellant is not liable to make payment of compensation to the claimant-respondent for the reason that the vehicle in question was insured under an ‘Act Only’ Policy and as per the terms and conditions of the policy and also as per the endorsement of IMT Nos. 47 and 40, the premium of 2WC Employees i.e. Rs. 50/- was taken.
4. Counsel for the appellant further submitted that in the claim petition the claimants-respondents themselves have mentioned that the deceased Ram Singh
The liability of the Insurance Company under a comprehensive/package policy is not limited to a specific amount, and the appellate court has the power to enhance compensation even in the absence of a....
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