Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. In our view, having regard to the Constitution Bench Judgment in New India Assurance Co. Ltd. v. C.M Jaya (2002) 2 SCC 278, (2002) 1 Scale 183 the appellant Insurance Company's liability is limited i.e to the tune of Rs 50,000 as indicated in the policy. After perusing the impugned order it is clear that the appellant Insurance Company has accepted its liability to the extent of Rs 50,000 and that appears to be the liability of the Insurance Company as could be seen from the certified copy of the policy being produced. Unfortunately, in this case the original policy was not before the Claims Tribunal. Under these circumstances, we modify the award to fix the liability of the Insurance Company only to the extent of Rs 50,000. In other respects the impugned award stands confirmed. The appeal is disposed of accordingly.
4. Learned counsel for the appellant at this stage expressed an apprehension that by virtue of the terms of the award, the appellant may be required to pay the entire amount and recover it from the owner. In the light of the modification of the impugned award, such question does not arise.