NEW INDIA ASSURANCE COMPANY LIMITED Vs. INDRAJ SINGH

JUDGEMENT

(1.) This order will dispose of aforesaid appeals as these have emerged out of the same award dtd. 6/2/2015 passed by the Motor Accidents Claims Tribunal, Faridabad (in short, 'the Tribunal') whereby compensation has been assessed on account of death of Sandeep Kumar son of the claimants, in a motor vehicular accident that took place on 4/11/2013.

(2.) FAO No. 3526 of 2015 has been filed by New India Assurance Company Limited (hereinafter referred to as 'the insurance company') whereas other appeal has been preferred by the claimants seeking 1 of 6 enhancement of compensation.

(3.) Counsel for the insurance company would inform that appeal has been preferred to challenge liability of the insurer to pay compensation as the deceased was a gratuitous passenger in offending Car bearing No. DL-9C-QS-9130, driven by Rohit Kumar, its driver. FAO No. 3526 of 2015 The sole submission made by counsel for the appellant insurance company is that insurance policy obtained by Kailash Kumar, owner of offending vehicle is an 'Act Policy' and as such, risk of injury or death of a gratuitous passenger is not covered under the policy and accordingly, the insurance company cannot be fastened with liability to pay compensation.