1. MFA Nos.10993/2007, 10990/2007, 10991/2007, 10992/2007 and 9500/2007 are all appeals preferred by the insurance company challenging the fastening of the liability on them in respect of the death of the occupants of a private car. MFA No. 11917/2007 is an appeal filed by the claimant who is respondent in MFA No. 9500/2007 seeking enhancement of compensation.

2. The question involved in all these cases is identical. They are taken up for consideration together and disposed of by this common order.

3. In all these cases, the deceased were occupants in a private car. The owner of the car had taken a policy of insurance as stipulated under Section 146 of the Motor Vehicles Act. 1998 (hereinafter referred to as the Act) i.e. Liability Only Policy’ i.e. the policy under which he sought coverage for third party risk only.

4. In the claim petition, insurance company was made a party. They did not dispute the accident, they also did not dispute the coverage of the vehicle involved in the accident. The specific defence taken was that, they have issued a policy. In terms of the policy they were expected to cover the risk of only third parties. In other words, it is their case tha