LAWS(ALL)-2008-7-248

NATIONAL INSURANCE CO LTD Vs. KHURSHEEDA BANO

Decided On July 04, 2008
NATIONAL INSURANCE CO LTD Appellant
V/S
KHURSHEEDA BANO Respondents

JUDGEMENT

(1.) AMITAVA Lala, J. The appellant-Insurance Company has preferred this appeal from the judgment and order dated 20th February, 2008 passed by the concerned Motor Accidents Claims Tribunal, Bareilly.

(2.) THE awarded amount is Rs. 6,90,040/- and the liability to pay the same has been fixed on both the offending vehicles. THE Insurance Company herein is insurer of the Scooter. In the accident in question the pillion rider has expired. THE appellant initially took the plea that the Insurance Company is not liable to pay the compensation on account of death of pillion rider. But when we called upon the Insurance Company to produced the policy of the insurance and the same was so produced, we find that it is comprehensive in nature having sitting capa city of two persons. THErefore, we do not find any genuine cause to interfere with the order impugned on such plea.

(3.) THEREFORE, in totality we do not find any cogent reason to interfere with the judgment and order, which has been passed by the tribunal making stop-gap arrangement for payment by the Insurance Company to the claimants. Hence, the appeal is dismissed at the stage of admission, however, without imposing any cost.