1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD -------------------------------------------------------------------------- Office Notes, Office Memoranda| Court's or Judges' orders of Coram, appearances, Court's| orders or directions and | Registrar's orders | -------------------------------------------------------------------------- Shri S.G. Chapalgaonkar, Adv. for the Appellant. Shri V.P. Patil Adv. for R.1 Shri R.M. Deshmukh Adv. for R.4. ------------------------------------------- FIRST APPEAL NO.546/2009 WITH CIVIL APPLICATION NO.3501/2009. ------------------------------------------- 1) Heard the learned counsel. The matter is finally heard without calling record. The Appellant Insurance Company feels aggrieved by the award dated 26th September, 2008 for an amount of Rs. 3,04,500/- with interest at the rate of 7.5%. According to the appellant the award saddling responsibility on the Insurance Company is not permissible as the deceased was an unauthorised passenger in the vehicle and the liability of the Insurance company in a policy of the nature which was produced by the owner of the vehicle was restricted to Rs.1,00,000/-. Mr. Chapalgaonkar submits that the registration was as private vehicle and consequently third party risk cannot be covered. 2) These contentions as addressed by the learned counsel for the appellant, will 2 not hold the field, because by now there is Circular dated 22nd September, 2009 issued by Insurance Regulatory Authority which has intimated to all regional in-charge about the liability of Insurance Company in respect of occupant of private car, pillion rider on two wheeler under standard motor policy. 3) In the light of this new policy it is more than clear that the policy in the present case being general, the liability of the Insurance Company exists at the time of accident. Consequently, on this sole ground the appeal lacks merit. It is dismissed. No costs. 4) The claimants are allowed to withdraw the amount deposited in this Court. Civil Application is disposed of. Date: 04/03/2010 K.U.CHANDIWAL, (JUDGE) cmg/fa54609