o •^^ IN THE . HIGH COURT _OF _ JUDICATURE . AT.. BILASPUR [CHHATTISGARH] MLSC.APPEAL. N0. 7 7-S OF 2003 APPELLANT/ .'tfjSURER National Insurance Co. Ltd. through it's Branch Manager, Branch Office, Bilaspur (Chhattisgarh). .RESPONDENTS/ '*EDRIVER & OWNER] VERSU-.S 1. Rekhu Ram, S/o Dular Singh aged about 30 years, R/o ^ Village- Latobod, "Ah. & Post Balod, District Durg, [C.G.] EESPONDENTS/ [ELAIMANTS] ^^s ^^^- ^:yy \-" ^.-•~ t^""'l; &*"' tf 2. ^Smt. Rekha Bai,Wd/o Hem Lal, aged about 35, 3. Bilesh'w'ar, S/'o Late Hemlal, aged about 12 years, C 4, Ku. Kesari, D/o Late Hem Lal, Aged about 9 years; ^ 5. Ku. Lata , D/'o. Late.I-tem Lal, Aged about 3 years, Respondent No. 3 to 5 minor Through their mother Smt. Rakha Bai, Wd/Q, Late Hemlal 6. Angu Ram, S/o Sukiu Kam, ^ aged about 70 years [as per order dated 10/10/2002 declared dead] s 3. Smt. Raj,Knnwar,,W/o Angt^ Ram, aged about 65 years, Respondeats 'Noj are . R/o Villagi Tahsil fePost Balod Durg 2to 7-aa Latabis.d 1, DiStiicf; [ChljiattisgarhJ iSBlSSe.:' ^e'^..^-^^... AFPEAL UNDER SECTION 17? OF MOTOR VEHICLE ACT 1988 HIGH COURT OF CHHATTISGARH AT BUASPjyR MISC. APPEAL N0.775 OF 2003 APPELLANT (1NSURER) RESPONDENTS Natlonai Insurance Co. Ltd. Rekhu Ram&others. APPEAL U/S 173 OF THE MOTOR VEHICLES ACT. (Sinate Bench: Hon'bie Mr. N.K. Aaarwal. J.) Present : Shri Sanjay K. Agrawal, counset with Shri Sourabh Sharma, counse! for the appeliant; Shri S.S. Rajput, counsel for respondents No-1. Shri J.K. Gupta, counsel for respondeNs No.2 to 7. (Passed on 10 day of February, 2010) This appeal is filed by the Insurance Company against the award dated 04-03-2003 passed by Additionai Metor Accident Claims Tribunal, Balod, District Durg (for short 'the Tribunal') in Claim Case No.39/2000 whereby and whereunder anamount of Rs.1,51,000/- has been awarded in favour of the claimants and against the appeilant and respondent No.1 for the death of Memlal (since deceased) i.e. tiusband of respondent No.2, father of respondent No.3 to 5 and son of respondents No.6 & 7, in the accident took place on 12-04-2000. 2. The facts briefly stated are as under: The deceased whiie sitting as pillion rider on the scooter bearing registration No. M.P. 24-EB/7143 along with respondent No.1 met with an accident on 12-04-2COO and succumbed to the injuries sustained by him in the said accident. 3. The claimants have claimed Rs.5,00,000/- against the respondents'by filing claim petition under Section 166 of the Motor Vehteles Act (for short 'the AcQ., as compensation for the death of the deceased, in the said accident. 4. By filing reply, the appellant/lnsurance Companyitook a plea in its written stgtement that person siBing as pillion rider on the scocrter is not covsred under the policy. ' 5. . Leamed Tribunal on close scrutinyof.evidence ted, material piaced and submissions ma^e by,,the parties, held that|the policy Ex. D-3, being the comprehensive poficy, the appelfant/lnsurance Kvr Company is liable to indemnify the insured and awarded compensation ofRs.1,51,000/- along with Interest @ 7%per annum from the date of application holding the appellant also tiable for its payment. 5. Learned counsel for the appellant would submit that as per the evidence of Shri I.M. Qureshi, Administrative Officer of appellant/lnsurance Company, the policy issued was third party policy and not comprehensive policy. Therefore, the learned Tribunal has erred in fastening the liability upon the appellant/lnsurance Company. 8. Per contra, learned counsel appearing for respondents Np.1 to 7 would submit that the statement gwen bj/ Shr^ I.M. Qureshi in examination-in-chief is factually incorrect ina,smuch as, a bare perusal of the document Ex. D-3 would reveat that it is a comprehensive policy. Moreover, the said witness has admitted this facttn his cross- examination in para 2 that the policy is comprehensive policy. 8. In view of the fact that the policy is comprehensive policy, the iearned Tribunal has not eommitted any illegality in iastening liabiiity upon the Insurance Company for payment of compensation to the claimants. Moreover, vide circular NO.IRDA/NL/CIR/F&U/073/11/2009, dated 16-11-2009, jssued by the Insurance Regulatory and Development Authority, it has been clarified that the risk of pillion rider sitting on two wheeler, is covered under the comprehensive insurance policy. Acopy of the said cireular has been filed by the learned counsel for the parties and the same is taken on record. The appellant could not dispute the said circular. 9. For the foregoing, 1 do not find any substence in the appeai filed by the Insurance Company. The appeal being devoid pf merit is iia^le to be and is hereby dismissed. No orderas te costs. f;':;l:'.':8aA:.::'1. j: " : N.K.Agrawal:" ':, , Judge Mfci j