ISHWAR SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) Prayer in this application is for condoning delay of 1012 days in filing the appeal.

(2.) The Tribunal awarded Rs. 50,000/- under No Fault Liability, payable by the appellant registered owner of motorcycle No. HR-35-6138 on which deceased was travelling as a pillion rider but insurance company has been exonerated of liability to pay compensation.

(3.) The sole submission made by counsel for the appellant is that as the policy issued by the insurance company is a package policy, the insurance company cannot escape liability to pay compensation even with regard to death of gratuitous passenger on motorcycle in question. In support of his contention, he has relied upon judgment of Hon’ble the Supreme Court National Insurance Co. Ltd. v. Balakrishnan and another, (2013-2) 170 PLR 1 (SC).