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2024 Supreme(Online)(Bom) 3827

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
HOMAI RUSI COOPER AND ORS. – Respondent


Advocates:
Ms. Shalini Shankar, Advocate for the Appellant. Mr. Avinash Joshi i/b. Mulla and Mulla and C.B. and C, Advocate for Digitally Respondent Nos.1 to 6.

Oral Judgment :

1. The issue involved in this appeal is liability of payment of Insurance Company was Rs.1,50,000/-.

2. It is contention of learned counsel for the appellant-Insurance Company that as per the terms and condition of the Insurance Policy, the liability of payment of Insurance Company was Rs.1,50,000/- but the Tribunal has not considered this fact and has passed Pay and Recover order, which is not proper. Hence, requested to allow the appeal.

3. It is contention of learned counsel for the claimants that while passing the award, the Tribunal has considered all the aspects and on that basis, judgment and order is passed, which is proper. No interference is required in it.

4. I have heard both learned counsel, perused the judgment and order passed by Motor Accident Claims Tribunal, Pune (for short “the Tribunal”).

5. While dealing with the issue of liability to pay the compensation by the Insurance Company of Rs.1,50,000/-, the Tribunal has observed that liability of the Insurer cannot travel beyond the statutory liability of Rs.1,50,000/- in respect of covering risk of third party i.e. deceased but while passing order by relying on the judgment of Oriental Insurance Company L

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