1H THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) •gifflfiij^ Rs& APPELLANTS Claimants M.A.fC ) No t ^'^/IQQJ, :1. 3. Smt. Jamuna Bai, aged 55 years Wd/o. Late Mahettar Lal Patel Ram Sai Patel, aged about 36 years, Son of Late Mahettar Lal Patel Ramshankar Patel, aged about 30 years, son of late Mahettar Lal Patel R.R. Ns- R.R. KO...--------^ ...tVv<^ ^.^>. p;;c,>^^.,' ^^^r- District Dated.4JO-1-^-|-^h^e^^ Pr^ent All Resident of Village Tundra, P.S. Bilaigarh, Tahsil and Raipur (C,G.) At resident of Ashok Nagar, Seepat Road, Bilaspur, P.S. Sarkanda, Tahsi.1 and District Bilaspur (C.G.) RESPOMDENTS VERSUS :1. Khoibahara Das, aged 27 years S/o. Jaipal Das, R/o, Viliage Tundra,, P.S. Bilaigarh, Tahsil and District Raipur (C.G.) 2. Rohit Kumar, aged about 20 Y-^ years, Son of Ghasidas Manikpuri, Resident of viliage Kanasda, P.S. Shivrinarayan, District Janjgir-Champa (Q.G.) 3. The New India Insurance 1^-- Company Limited, Through : Divisional Manager, Djvisional Office, Opp. Rajiv Piaza Bus Stand Biiaspur, Tahsil and Disfcrict Bilaspur (C.G.) Claim before the Tribunai Awarded amount Valuation of the present appeal Rs.07;28,000/- Rs«01,75,©00/- Rs.02^50,000/- RS-- T; MISCELLANEOUS APPEAL U/S 173 OF THE MOTOR VEHICLE ACT. 1988 r' r M.A.fGI N0.1177 OF 2007 @ [cSatmarstsi Smt. Jamuna Bai and others. Versus : Kholbahara Oss ana others. ACT. 19S8. SVIr. NX. Aaarwai. J^ Present : Shri Goutam Khetrapal, counsei forthe appeilants. None for respondent No.1 though servsd. None for respondents No.2. Shri Dashrath Gupta, counsel for respondent No.3, ORALORDER (Passed on 14th day of Jyty, 2810) Thls Is claimants' appeaj seeking enhancernent of compensation In the award 27-08-2007 by First Additlonal Motor Accident Claims Tribunal, Bllaspur (for short 'the Tnbunaj') in Ctalm Case No.87/2007 whereby and whereunder an amount of Rs.1,75,000/- has been awarded in favour of the ciaimants and against the driver snd owner pf the offending vehicle exonerating th.e Ensurance CompaRy from its ElablJity to pay compensation on the ground that the deceased IViahettar Laf Patef was piJlion rider on the Bajaj Dlscover IViotorcyde bearing registratjon No.11/BA-8812. 2. The only submission made by tearned counse! for the appeilants is that the policy issued in the case Is Motorcycie/ Scooter package pojlcy which covers the risk of p'llion rider. Jhis position further clarified by the drcutar 16-11-2009 issued by Insurance Regufatory and Deveiopment Authorltic and, therefore, the iearned Tribuna! has errsd in exonerating the Insurance Cornpany from its liabllity to pay compensatlon. \^^ '%^s^^^ 3. Learned counsel appearing for the appeilants wouid furthsr submit that he wouid not press his appeal on any other grounds. 4. Learned counsei appearing for respondent No.3/ Insurance Company admits the above factuai position and submlts that in view of above package policy issued In the instant case, the Snsurance Company is liable to cover the risk of piiiion rider. 5. !n view of above, the appeal is allowed in part. Respondent No.3/lnsurance Company is aiso held responslbis for payment of compensatlon to the appeilants/ciaimants aiong wlth rsspondents No. 1 & 2 jolntiy and sevsraliy. The award Is modified to the above extent. Respondent No.S/lnsurance Company is granted three months' time for payment of compensation to the appeilants/clafmants In terms of award passed by the learned Tribunai. 6. No order asto costs. Sd/- N.K. Agarwa! Judge Kvr