At, High Court of Madhya Pradesh
By, THE HONOURABLE MR. JUSTICE PRAKASH SHRIVASTAVA
For the Appellant: G.K. Neema, Advocate. For the Respondent: Dandwate, Advocate.
Judgment Text
Prakash Shrivastava, J:
1. This order shall also govern the disposal of M.A. Nos. 2363 and 2361 of 2009.
2. This appeal has been filed by the owner of the vehicle challenging the common award dated 2.4.2009 passed by the learned Additional Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case Nos. 67, 76 and 83 of 2007.
3. The claimant in the aforesaid matters had filed the above claim cases before the Tribunal on account of the injuries suffered in the accident which had taken place on 7.5.2007. The Tribunal while awarding compensation to the claimants had exonerated the insurance company on the ground that the claimants were travelling in insured motor vehicle, but no extra premium was paid for covering their risk.
4. It is not necessary to narrate the facts in detail and burden this order with unnecessary facts since these appeals have been filed on the limited ground challenging the exoneration of the insurance company.
5. The learned counsel appearing for the appellant submitted that the Tribunal has committed an error in exonerating the insurance company without appreciating the nature of the policy and the circular issued by the I.R.D.A.
6. Learned counsel appearing for the respondents has supported the award.
7. It is not in dispute that the insurance policy in the present case was a Package Policy. It is also not in dispute that the risk of the occupants travelling in private car is covered in such a Package Policy in view of the circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009. Since undisputedly the risk of the occupants of the vehicle in question, who are the claimants in this case, is covered by the said circular, therefore, the insurance company cannot be exonerated.
8. In view of the aforesaid, that part of the award by which the insurance company has been exonerated, is set aside and it is directed that the owner, driver and the insurance company would be jointly and severally liable to satisfy the award passed by the Tri
Please Login To View The Full Judgment!
bunal. The amount which has been deposited by the appellant shall be refunded to the appellants. 9. A copy of this order shall be placed in the records of M.A. Nos. 2361 and 2363 of 2009. Orders accordingly.
