ORDER

1. This order will dispose of Civil appeal No. 477 of 2007 and Civil Appeal No. 479 of 2007, as both arise from the same accident. In view of the order that we propose to make, we shall notice the facts only from Civil appeal No. 479 of 2007. Puran Singh, deceased had taken an insurance policy on 29th June, 1994 in respect of his vehicle bearing registration No. UP-01-1489 for the period 29.6.1994 to 28.6.1995. The relevant clause in the policy on the basis of which the Insurance Company denies its liability is as under :-

“Subject to the limits of liability as laid down in the Schedule here to the company will indemnify the insured against all sums including claimant's cost and expenses which the insured shall become legally liable to pay in respect of death to any person caused by or arising out of the use (including the loading and/or unloading) of the motor vehicle.”

2. The other relevant condition of the policy relied upon by the insurer is as under :-

“IMT 12 Legal liability to passengers excluding liability for accidents to employee of the insured arising out of and in the course of their employment.

In consideration of an additional premium of Rs.... and notwithstandi