S.B.Civil Misc. Appeal No.1645/06 The New India Assurance Co. Ltd. Vs. Smt. Kamali & ors. 1 S.B.Civil Misc. Appeal No.1645/06 The New India Assurance Co. Ltd. vs. Smt. Kamali & ors. Date of Order: 11.12.2008. PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. Sanjeev Johri for the appellant. Mr. Mahendra Trivedi for the respondents no. 1 and 3. .... Heard learned counsel for the parties. The appellant-New India Assurance Company Ltd. Is aggrieved against the award dated 17.5.2006 by which the Company has been held responsible for payment of the awarded amount. The learned counsel for the appellant submitted that the victim was travelling in the trolley attached to the tractor and his risk was not covered. It is submitted that the issue raised by the appellant is squarely covered by the judgment of the Hon'ble Apex Court delivered in the case of Oriental Insurance Co. Ltd. vs. Brij Mohan and others ( 2007 ACJ 1909). The learned counsel for the respondents-claimants tried to justify the award with the help of the statement of the witness of the Insurance Company by reading the statement of the witness of the company that Barat party is covered under the insurance policey. That contention has been submitted by misreading and not correctly appreciating the evidence produced by the appellant. S.B.Civil Misc. Appeal No.1645/06 The New India Assurance Co. Ltd. Vs. Smt. Kamali & ors. 2 In view of the judgment referred above, the appeal of the appellant deserves to be allowed and hence allowed and the award against the appellant-the New India Assurrance Company Ltd. Is set aside. (PRAKASH TATIA),J. mlt