NEW INDIA ASSURANCE CO. LTD Vs. MONAKA SAHOO

JUDGEMENT

(1.) Present appeal by the insurer is directed against the judgment dtd. 18/10/2010 passed by learned 2nd M.A.C.T., Cuttack in Misc. Case No.623 of 1996, wherein learned Tribunal has granted compensation to the tune of Rs.3,96,060.00 along with interest @7% per annum from the date of filing of the claim application to the claimants on account of death of the deceased in a motor vehicular accident dtd. 5/6/1995.

(2.) Mr. B. Dasmohapatra, learned counsel for the Appellant-insurer submits that the deceased was pillion rider of the offending Scooter bearing Registration No.OIU-1068 driven by owner-Respondent No.4. He further submits that as per the principles decided in the case of Oriental Insurance Co. Ltd. vs. Sudhakaran K.V. & Ors., AIR 2008 SC 2729, the deceased is not covered within the risk coverage since the policy is 'Act only'.

(3.) Mr. S.B. Das, learned counsel on behalf of Mr. B.P. Tripathy, learned counsel for Respondents No.2 & 3 (claimants) urges that the status of policy as 'Act only' was not pleaded in the WS of the insurer before learned Tribunal and therefore, at this stage the same cannot be agitated.