NATIONAL INSURANCE CO LTD Vs. SUSHILA

JUDGEMENT

(1.) -THIS appeal has been made by the insurance company from a judgment and award passed by the Motor Accident Claims Tribunal, Bulandshahar, dated 30th October, 2007. By preferring this appeal the insurance company contended before this Court that occurrence of death of the deceased cannot be covered by the insurance policy.

(2.) WE have seen the insurance policy, being Annexure No. 4 to the affidavit filed in support of the stay application made in the appeal. It appears that the premium was taken on 4 heads namely T. P. , D. R. +c. L. , N. F. P. P. and T. P. P. D. Since the appellant has taken the plea that it is not liable to pay compensation on account of death of deceased being a gratuitous passenger, we called upon explanation of the insurance company in this regard, when they have placed the same, being information dated 22nd February, 2008 giving the full form of such heads as follows : <FRM>JUDGEMENT_93_ALLLR72_2008Html1.htm</FRM> Such information given to this Court be kept with the record in original.

(3.) APART from that we have gone through the deposition of the development officer of the insurance company itself. However, the recording of the deposition by the Tribunal is quoted hereunder :