Amitav K.Gupta,J. - (1.) This appeal has been preferred against the order dated 26.6.2012 passed by Presiding Officer, MACT, Jamtara in MACT Case No.12/2010, whereby the liability was fastened on the appellant/owner of the vehicle to pay the compensation of Rs. 2,57,000/- to the claimants within three months, failing which he shall also pay interest @ 6% per annum.
(2.) Learned counsel for the appellant has submitted that the court below has fastened the liability on the appellant/owner of the vehicle without considering and appreciating that the insurance policy as Annexed with the supplementary affidavit, was a Comprehensive/Standard Motor Package Policy and not an Act Policy. No separate premium is required to be paid for insuring the pillion rider in terms of the circular issued by the Insurance Regulatory Development Authority of India "IRDA" bearing circular no. IRDA/NL/CIR/F&U/073/11/2009 dated 10.11.2009. That the appellant had paid the premium towards own damage apart from the premium of statutory policy hence the pillion rider was covered as a third party under the comprehensive policy and liability should have been fastened upon the respondent-Insurance Company.
(3.) On the other hand learned counsel for the respondent-Insurance Company has submitted that whether it is a Comprehensive/Package policy or an Act policy, the same can be adjudicated and determined on evidence being led by the parties in the court below, hence the matter may be remanded to the court below for proper adjudication of matter.;