ASHISH KAMAT PATEL Vs. URMILA SINGH

JUDGEMENT

(1.) With the consent of the learned Counsel for the parties, heard finally at motion stage.

(2.) This Appeal has been filed by the Appellants i.e., Owner and Driver against under Sec. 173(1) of the Motor Vehicle Act, 1988 against the impugned Award, dtd. 12/5/2023 passed in M.A.C.C. No.971/2021 by 6th MACT, Rewa, District Rewa seeking setting aside of impugned Award/ reduction in Compensation amount/exoneration from liability to pay the Compensation.

(3.) Learned Counsel for the Appellants submits that the incident occurred on 4/7/2021. After referring to Insurance Policy-Ex.D/1, it is urged that therein Policy period for own damage is from 3/5/2019 to 2/5/2020 whereas Policy period of liability is from 3/5/2019 to 2/5/2024. Further, after referring to IRDA Circular, it is urged that Pillion Rider is to be treated as Third party. Therefore, present policy being a Package Policy, in view of date of accident and period of liability, instant accident would be covered under the Insurance Policy-Ex.D/1 and therefore, Insurance Company is liable to pay the Compensation. With respect to above submissions, learned Counsel for the Appellants has relied upon M.A. No.3121/2021 (Rammani Sahu v. Ramesh Kumar Sahu and others) decided on 28/2/2023. On above grounds, it is urged that the impugned Award be suitably modified and Insurance Company be held for liable to pay Compensation.