- (1.) -THIS appeal has been made by the owner of the vehicle making the insurance company as well as claimants as party respondents. The judgment and order dated 9th January, 2008 passed by the concerned Motor Accident Claims Tribunal, Bulandshahar is under challenge in this appeal. The owner has contended that the claim is covered by the comprehensive insurance policy. The insurance company itself contended before the Tribunal that the policy is comprehensive. We have called upon the parties to show the policy. A photocopy of the insurance policy has been produced before this Court which is directed to be kept with the record. From the policy we find that four persons are allowed to travel by the Maruti Car i. e. the vehicle involved in the accident. On the fateful day at the time of accident the Car was being driven by the owner when the deceased driver was sitting by the side of the owner. The Tribunal has taken a plea that since the driver seems to be the occupier, he should be covered under the insurance coverage by payment of an extra premium. We are of the view that fallacy lies with the judgment on that score. When the insurance company is comprehensively covering four persons and the driver was occupying the seat as fourth person, right of claim can not be denied. Learned Counsel appearing for the appellant relied upon a Division Bench judgment of this Court in New India Assurance Company Limited v. Smt. Raj Kumari and others,air 1995 All. 1=1994 (24) ALR 21 (Sum ). which speaks on the similar line. According to us, when a driver is not driving the vehicle, he can not be held to be driver but a lawful passenger, which is covered under the comprehensive policy. A comprehensive policy can be made by insured and insurance company as per the terms and conditions of the contract upon payment of higher premium unless prohibited by the statute. There is no prohibition now under the Motor Vehicles Act, 1988 unlike Motor Vehicles Act, 1939 where the liability of the insurance company was statutorily limited.
(2.) THEREFORE, we are of the view that the appeal at the stage of admission can be treated to be disposed of with a liberty upon the appellant to make a rectification application in the Tribunal in the selfsame proceeding and upon receipt of such application, the tribunal concerned will issue notice upon the insurance company and upon hearing both the parties, an appropriate order will be passed with regard to recovery of amount of the payable compensation. However, under no circumstances the claimants will be made to suffer. Therefore, the payment of compensation to the claimants under no circumstances will be deprived but will be paid by the appellant as per the direction of the tribunal and the order of the tribunal will be carried out not beyond a period of one week from the date of communication of this order. Thus, the appeal is disposed of without imposing any cost.
(3.) INCIDENTALLY, the appellant-owner prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal shall be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust with the amount of compensation to be paid to the claimants, however, such prayer is allowed.;