1 S.B. Civil Misc. Appeal No.52/2005 The Oriental Insurance Co. Ltd. vs. Union of India & Ors. S.B. Civil Misc. Appeal No.52/2005 The Oriental Insurance Company Ltd. vs. Union of India and others. Date : 8.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.DR Lunkar, for the appellant. Mr.VK Mathur ) Mr.Rajesh Panwar ) for the respondents. - - - - - Heard learned counsel for the parties on the appeal itself in view of the fact that the learned counsel for the parties submitted that a short question is involved in this appeal whether the appellant company is liable to pay the amount to the extent of statutory liability which is Rs.6,000/- only ? According to learned counsel for the appellant, the claimant failed to prove that the appellant company is liable to pay the entire award amount whereas the statutory liability is Rs.6,000/- only. Learned counsel for the claimant submitted that the appellant has not proved this fact that they are liable to pay only the statutory liability and not the 2 S.B. Civil Misc. Appeal No.52/2005 The Oriental Insurance Co. Ltd. vs. Union of India & Ors. entire amount. I considered the submissions of learned counsel for the parties and perused the facts of the case as well as the impugned order. It is not disputed that the vehicle has been insured with the appellant and there is no evidence on the record to prove that any extra premium was paid by the insured to cover the entire liability and in view of the evidence available on the record, it is clearly proved that the liability of the appellant is only limited and not unlimited. In view of the above, this appeal deserves to be allowed, hence, allowed and it is held that the appellant is liable to pay Rs.6,000/- only which is the statutory liability. The amount if has been paid beyond statutory liability by the appellant, the appellant shall be entitled to recover the same from the party to whom it has been paid. (PRAKASH TATIA), J. S.Phophaliya