IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO No. 1803 of 2009 Date of Decision:- 24.4.2009. ICICI Lombar General Insurance Co. .... Appellant. Versus Smt. Sunita Devi & Ors. .... Respondents. CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Subhash Goyal , Advocate, for the appellant. Hemant Gupta, J (Oral). C.M.No. 9521- CII of 2009 Civil Miscellaneous application is allowed. For the reasons mentioned the application delay of 37 days in filing the appeal is hereby condoned. F.A.O No. 1803 of 2009 The present appeal is directed against the award dated 5.11.2008 passed by Motor Accident Claims Tribunal, whereby the appellant was made liable to pay compensation. The sole argument of learned counsel for the appellant is that the deceased was a passenger in motor vehicle insured with the appellant and therefore in view of judgment of Hon'ble Supreme Court in United India Insurance Co. Ltd. Vs. Tilak Singh and others, 2006 ACJ 1441, the appellant is not liable to pay compensation. However, the said argument is not based upon any facts and pleadings. Admittedly, the appellant has not raised any plea in the written statement that in terms of the policy, Insurance FAO No. 1803 of 2009 -2- Company is not liable to pay compensation of account of death of an occupant. In Para 23 of the Award, the Tribunal has recorded a finding that the vehicle was duly insured with the appellant, therefore, it cannot be said that in terms of the policy, there was no liability of the Insurance Company to pay the compensation. Therefore, the judgment referred to by the learned counsel for the appellant has no applicability to the facts of the present case. I do not find any ground to interfere in the finding recorded, in the appeal. Dismissed. April 24, 2009 (Hemant Gupta) tripti Judge