TARAWANTI Vs. GURMEL SINGH

JUDGEMENT

(1.) THE deceased was travelling in a car insured with the respondent-company, which struck into a standing car. The petitioner filed a claim petition which was dismissed against the insurance company by the learned Tribunal on the ground that the insurance company was not liable. The learned counsel for the claimants has challenged the correctness of the view taken by the learned Tribunal on the ground that in the case of a comprehensive policy, if the passengers travelling in the insured car die as a result of an accident, their dependants are entitled to claim compensation. In support of this view reliance is placed on a judgment rendered by D. K. Mahajan J. and reported as Unique Motor and Genl. Insurance Co. Ltd. v. Krishna Kishori [1968] ACJ 318 (Pand H ).

(2.) MR. Suri, the learned counsel for the insurance company, disputes the correctness of the view taken in this case. According to him, even in the case of a comprehensive policy of insurance, the insurance company is liable to pay only those amounts the liability for payment of which arises under the provisions of the Motor Vehicles Act.

(3.) THE question of law canvassed at the bar is not free from difficulty. It looks proper that it should be decided by a larger Bench. I, therefore, recommend that this case be put up before my Lord the Chief Justice to constitute a larger Bench. J. V. Gupta, J.