NATIONAL INSURANCE CO LTD Vs. DULARI SHARMA

JUDGEMENT

(1.) This appeal has been filed by insurance company challenging the award passed by learned Motor Accidents Claims Tribunal (1), Shimla. By means of impugned award in M.A.C. No. 54-S/2 of 1991, dated 25.10.1994, a sum of Rs. 38,000 along with interest at the rate of 12 per cent per annum from the date of petition (i.e., 31.8.1991) has been passed in favour of respondent and against the appellant.

(2.) At the time of hearing of this appeal, Mr. Sharma, learned counsel appearing for the appellant insurance company stated that the scooter in question owned by respondent No. 2 Vijay Singh Jamwal, its being insured with his client, is not disputed. Sole ground raised by him in support of this appeal was that admittedly as well, as on proved facts deceased Gauri Nand Sharma was a pillion rider on the scooter bearing registration No. HP 07-0924. This was owned by the respondent Vijay Singh Jamwal and as already noted insured with it (appellant).

(3.) With a view to advance appellant's case, Mr. Sharma learned counsel placed reliance on Surjit Singh v. Santosh Kumari, 1989 ACJ 466 (P&H) and George Oakes Company v. V.S. Govindarajan, 1999 ACJ 219 (Karnataka). He further urged that no extra premium was charged by the appellant so as to cover the risk of a pillion rider as in the present case. Nor either in fact or in law appellant was required to cover such a risk.