IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1593 of 2008 (O&M) Date of Decision: 30.3.2010 Smt. Jyoti and another ....Appellants Versus Geeta Devi and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Ajay Jain, Advocate for the appellants. Mr. Vinod Gupta, Advocate for Insurance Company. RAJESH BINDAL, J The challenge in the present appeal is to the award of learned Motor Accident Claims Tribunal, Hisar by the LRs of deceased Ashok Chawla, the owner and driver of the vehicle. The liability to pay the compensation on account of death of Jai Parkash was put on the owner and driver of the vehicle for the reason that the Tribunal found that he being the pillion rider on the motor cycle was not covered under the terms of the policy. Infact the policy issued for Insurance of the motor cycle was a package policy. This fact was not disputed by counsel for Insurance Company. Rather he has produced a letter dated March 26, 2010 from the Insurance Company addressed to him instructing him not to address the issue of pillion rider. This is on account of the fact that the issue regarding liability of the Insurance Company with regard to the claim of compensation by the pillion rider on a two wheeler and passengers in a private car in the case of package policy, stood settled by Delhi High Court in MAC. APP. No. 176 of 2009 – Yashpal Luthra and another v. United India Insurance Co. Ltd. and another decided on 9.12.2009. It was admitted by the representatives of all the Insurance Company before Delhi High Court that there is no need for payment of extra premium for the purpose of coverage of a pillion rider on a two wheeler and occupants in a private car. The representatives of the Tariff Advisory Committee as well as Insurance Regulatory and Development Authority, were also heard. Considering the aforesaid fact and also the fair stand of counsel for the Insurance Company, the impugned award is set aside to the extent that owner and driver was held to be liable to pay compensation. It is directed that the Insurance Company shall be liable to pay compensation to the claimants. The appeal is disposed of accordingly. (RAJESH BINDAL) 30.3.2010 JUDGE Reema