OMKARNATH DWIVEDI Vs. CHANDAN MAHOR

JUDGEMENT

(1.) BY this judgment both the appeals, M.A. No.1123/2009 filed by the owner of the vehicle Shri Omkarnath Dwivedi and M.A. No.1253/2009 filed by the claimants, arising out of the same impugned award dated 8.7.09 passed by the Third Additional District Judge cum Motor Accident Claims Tribunal (hereinafter referred to as the Claims Tribunal) in Claim Case No.158/2008 are being decided simultaneously by a common judgment.

(2.) BEING aggrieved by the impugned award the owner of the vehicle has filed M.A. No.1123/09 stating that the insurance company too was liable to pay the compensation awarded in the impugned order as the package policy covers all the liability of the passengers traveling in the vehicle. Nevertheless the learned tribunal erred in exonerating the insurance company without appreciating the nature of the policy and circular issued by the IRDA. The claimants have also filed M.A. No.1253/2009 for enhancement of the amount of compensation. Besides, it has been stated that the insurance company too should be held responsible to pay the compensation.

(3.) THE admitted facts are that the non -applicant No.1 Omkarnath Dwivedi was owner of the vehicle No.M.P.07/B.A.0174 involved in the accident. The said vehicle was insured under package policy for the period from 22.2.06 to 21.2.07 by the insurance company I.C.I.C.I Lombard/non -applicant No.3. Bhupendra Singh Gurjar/non -applicant No.2 was the driver of the said vehicle when the accident occurred.