- (1.) M/s New India Insurance Company. O.P. No. 4 in claim case No. 39 of 1999, has preferred this appeal being aggrieved by order dated 29.5.2002 by which the Court below saddled 40% amount of compensation awarded to the respondents 1 to 6, upon the appellant i.e. Rs. 104000/-.
(2.) Facts admitted on records are that Commander Jeep No. BR-15P-8295 met with an accident involving TATA 407 No. BR-15P-0242 in head on collusion on 3.6.1999 resulting in death of Ajit Kumar, the driver. The accident was reported vide Daltonganj PS Case No. 174 of 1999. The learned Claim Tribunal has held the In-surance Company of both vehicles liable for damages and apportioned the compensation amount and the awards to 60% and 40% on the Insurer of both the vehicles. The appellant is Insurer of Commander Jeep.
(3.) The main point raised before us is that the deceased was not covered under the Insurance Policy. Therefore the liability cannot be fastened upon the appellant to pay the 40% of the amount of award. It is also averted that vehicle belonged to the deceased and as owner of the vehicle, no compensation could be paid to the claimants. The learned Counsel for the respondents submitted that when the vehicle was insured all damages arising out of such accident was liable to be compensated to the owner of the vehicle as per law.;