D.N.UPADHYAY, J. - (1.) THIS appeal has been preferred by the owner of the vehicle against the judgment and award dated 5.3.2010 passed by the Motor Accident Claims Tribunal, Latehar, in connection with M.V case No 18 of 2009 whereby the the appellant has been directed to pay interim compensation to the claimants.
(2.) IT reveals that the deceased Prayag Singh was travelling on motor cycle bearing registration no. JH 03C 2948 belonging to the opposite party no.1/appellant. At the time of accident, the motor cycle was being driven by father of the appellant and the deceased was a pillion rider. Due to rash and negligent driving, the motor cycle turned turtled and the deceased Prayag Singh sustained injuries and died. It is submitted by the appellant that the deceased was a pillion rider and the vehicle in question was insured with respondent no.5 Insurance Co and, therefore, the insurance company is liable to pay compensation.
(3.) ON the other hand, learned counsel for the respondent insurance company has submitted that no extra premium was paid to cover risk of the pillion rider and therefore the insurance company is not liable to make payment; the tribunal has rightly discussed these issues in the said order.;