Bhattacharya AND Mandal, JJ. - (1.) THIS appeal is at the instance of the insurance company and is directed against an award dated 10.9.2007 passed by the Motor Accidents Claims Tribunal, Second Court, Burdwan, in M.A.C. Case No. 491 of 2006 thereby disposing of the claim application under section 166 of the Act by directing the insurance company to pay a sum of Rs. 2,65,500 with interest at the rate of 8 per cent per annum from the date of filing of the claim application till realization of the entire amount. Both the owners of the vehicle and the insurance company were, however, held liable.
(2.) BEING dissatisfied, the insurance company has come up with the present appeal. A pure question of law arises for determination in this appeal. There is no dispute that the vehicle concerned was a goods vehicle and the said vehicle was hired by the victim for the purpose of carrying chhana to Durgapur. The accident, however, occurred not at the time when those goods were being carried to Durgapur; it occurred at the time of coming back when the vehicle was empty, but the hirer was travelling in the said empty vehicle.
(3.) THE learned Tribunal below, however, held that the insurance company was liable to pay the amount. Before this court, when the appeal was taken up for hearing, as Mr. Banik, the learned advocate appearing on behalf of the claimants-respondents, vehemently contended before us that the onus was upon the insurance company to show that it had not taken any extra premium even for covering the accident where gratuitous passengers are involved and in the absence of the original insurance policy we should hold against insurance company, Mr. Das, the learned advocate appearing on behalf of the appellant, came with an application under Order 41, rule 27 of the Civil Procedure Code thereby praying for relying upon the duplicate copy of the insurance policy kept with the insurance company. It appears from the said document that the insurance company had not taken any other liability than one prescribed under section 147 (1) of the Motor Vehicles Act, 1988.;