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United India Insurance Co. Ltd. vs. Gautam & Ors.

44.00 4.40

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Motor Vehicles Act, 1988–Sec. 147–Passengers traveling in the vehicle over and above capacity–Insurance policy was covering the risk of 20 passengers–Risk of the third party was also covered but the passengers traveling in the vehicle cannot be construed as the third party–Held, Insurance Company will make the payment of compensation in only those 20 claim petitions in which the highest amount has been awarded as compens-ation–Further held, the direction of Tribunal to Insurance Company to pay the com-pensation and recover the same from the owner of the vehicle in remaining claims cannot be sustained.