KAMLESH DEVI AND OTHERS Vs. BHOLA NATH AND OTHERS
LAWS(J&K)-2020-7-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 16,2020

Kamlesh Devi And Others Appellant
VERSUS
BHOLA NATH And OTHERS Respondents


Referred Judgements :-

NATIONAL INSURANCE COMPANY LTD VS. BALAKRISHNAN [REFERRED TO]


JUDGEMENT

Sanjeev Kumar, J. - (1.)The claimants seeking compensation on account of death of their predecessor-in-interest have filed the instant appeal against the award dated 31.01.2009 passed by the Motor Accident Claims Tribunal, Kathua (hereinafter "the Tribunal") in file No.121/CP, titled Kamlesh Devi and others v. Bhola Nath and others. The appellants assail the impugned award only to a limited extent that the Tribunal has committed an error of law by absolving respondent No.3-insurer of its liability to indemnify the insured (owner of the offending vehicle) and pay compensation to the claimants.
(2.)It is urged that the Tribunal has absolved the insurer of its liability solely on the ground that the deceased was a pillion rider on the offending vehicle driven by respondent No.1 and owned by respondent No.2. Mr. Raghu Mehta, learned counsel for the appellant/claimants, argues that the findings of the Tribunal on issue No.3 have been rendered without even determining as to whether the policy of insurance, whereby the offending vehicle was insured as an Act only policy or a comprehensive one. It is submitted that the policy produced by respondent No.3, which is on record of the Tribunal, clearly indicates that it is a comprehensive policy and the person conveyed on the offending vehicle is also covered to the extent of liability. He has drawn attention of this Court to the policy of insurance, particularly, SECTION II of the Motor Cycle/Scooter Insurance "B" Policy.
(3.)Per contra, Mr. R.K.Gupta, learned senior counsel, appearing for respondent No.3, places strong reliance on the statement of RW-2, Mr. Amrik Singh, who in his testimony has deposed that the offending vehicle, scooter, was insured with the company for third party and that the pillion rider was not covered.
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