NEW INDIA ASSURANCE CO LTD Vs. DURGI DEVI

JUDGEMENT

(1.) F.A.O. No. 244 of 2005: Mr. Vivek Thakur, learned counsel for the appellant-claimant has instructions to submit that he does not press this appeal, as such, it is dismissed as not pressed. F.A.O. No. 436 of 2004:

(2.) The present appeal arises out of the impugned award dated 9.9.2004 passed by the Motor Accidents Claims Tribunal, Bilaspur, H.P. in M.A.C. Case No. 94 of 2001 titled as Durgi Devi v. New India Assurance Co. Ltd., awarding a sum of Rs. 2,52,000 as compensation to claimant.

(3.) The present appeal has been filed only by New India Assurance Co. Ltd. on the ground that the liability could not have been fastened upon the insurance company for the reasons that the deceased was undisputedly a gratuitous passenger and in view of the breach of conditions of the insurance policy, no liability could have been fastened on them.