FAO No. 3641 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 3641 of 2010 Date of decision January 24, 2011 Oriental Insurance Company Ltd. ....... Appellant Versus Smt. Narinder Kaur and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashwani Talwar, Advocate for the appellant. Mr. Sushil Saini , Advocate for respondent No.1. None for respondent Nos. 2 and 3. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? yes 3. Whether the judgment should be reported in the digest? Yes K. Kannan, J (oral). 1. The appeal is at the instance of the Insurance Company seeking for restriction of liability of `2,00,000/- on the ground that personal accident cover that was provided under the policy of the insurance on payment of 100/- as premium was only to the extent of `2,00,000/-. In this case the claimants were the representatives of the owner/insured who had died while driving his own vehicle and claim was made under Section 163-A. 2. Learned counsel appearing for the claimants would contend that it was a comprehensive insurance cover that therefore the liability will be unrestricted. There is no such law to state that under FAO No. 3641 of 2010 2 comprehensive insurance cover, the liability will be unlimited. The limit of liability has to be either understood through the terms of the policy or the statutory provisions. Unlimited liability is possible under the scheme of the Motor Vehicles Act only for classes of persons covered under Section 147. An owner/insured, is not entitled to obtain any such cover and if there is a clause in the policy that had fixed liability for personal accident, there is no scope for making the insurer liable for a larger sum. The liability of the insurer shall therefore stand restricted by the terms of the policy to `2,00,000/-. The amount in excess determined against the insurer stands dismissed. (K. KANNAN) JUDGE January 24, 2011 archana