IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.625 of 2007 NATIONAL INSURANCE COMPANY LIMITED, ANNAPURNA HOUSE, G.T. ROAD, SASARAM, DISTT. ROHTAS. ----- (OPPOSITE PARTY NO. 2) ---- APPELLANT Versus 1. MALTI KUER, WIFE OF LATE MUNNI YADAV 2. DHANANJAY YADAV (MINOR), SON OF LATE MUNNI YADAV (REPRESENTED THROUGH THE MOTHER MALTI KUAR, AND NATURAL GUARDIANSHIP. 3. ASTARNI DEVI, WIFE OF SUMER SINGH ALL RESIDING AT VILLAGE – DOLYA, POST OFFICE – MAREJPUR, P.S. CHENARI, DISTT. ROHTAS (COMPLAINANTS) ---- RESPONDENTS-1ST SET. 4. SRI RAM LOCHAN DUBEY, SON OF LATE RAM YADAV DUBEY, RESIDING AT VILLAGE – DOLYAR, POST OFFICE – MAMREJPUR, P.S. CHENARI, DISTT. ROHTAS (OPPOSITE PARTY NO. 1 – OWNER OF THE VEHICLE NO. BR-24A-5453) ------RESPONDENT 2ND SET. ----------- 2. 07.03.2011 Heard the parties. The Appellant is aggrieved with the Judgment and Award dated 9.5.2007 and 24.8.2007 respectively passed by the Additional District Judge, Rohtas (FTC-II) at Sasaram in Motor Vehicle Claim Case No. 17 of 2000. It has been submitted that the deceased was travelling as a Passenger on the said Tractor and since the vehicle was being used for commercial purposes, the Appellant was not enjoined in law to indemnify the owner of the tractor since he had violated the terms and conditions of the Policy. However, on going through the Judgment impugned, I find that there is absolutely no material to demonstrate that the deceased had lost his life while travelling as a Passenger on the Tractor and, therefore, finding no merit in the Appeal, the 2 same is dismissed. In case the Insurance Company has not paid the compensation amount, they are directed to do so immediately within a period of two months failing which there will be a further escalation of 9 per cent interest from the date of this order. The statutory amount of ` 25,000/- deposited to this Court shall be remitted to the court below to be included in the compensatory amount. S.Ali ( Anjana Prakash, J.)