JAGTAR SINGH @ JAGDEV SINGH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) In this appeal, by special leave, the appellant calls in question the legal propriety of the order dated 18th August, 2010, passed by the High Court of Punjab & Haryana at Chandigarh in F.A.O. No. 1648 of 2008, where under the High Court has dislodged the finding of the tribunal and made the owner liable after enhancing the amount of compensation. The insurer has been absolved on the ground that the appellant was a gratuitous passenger in the car.

(2.) It is submitted by Mr. Yadunandan Bansal, learned counsel appearing for the appellant that the controversy is covered by the two-Judge Bench decision in National Insurance Company Limited v. Balakrishnan and Another (2013) 1 SCC 731, wherein the Court has held thus:-

(3.) In view of the aforesaid, we think it appropriate to set aside the judgment and order passed by the High Court and remit the matter for consideration whether the policy in question is a "comprehensive/package policy" or exclusively an "Act policy". After such consideration it shall pass a reasoned order. Needless to say, if any other contention is available to the insured, he will be at liberty to raise the same before the High Court.