N. ANANDA, J.

1. The tribunal has fastened liability on the insured. The claimant has filed this appeal for enhancement of compensation and also to fasten liability on the insurance company. The tribunal has held: the claimant is stated to be a spare driver of insured vehicle; the policy issued in respect of insured vehicle did not cover the risk of spare driver, therefore, insurance company is not liable to pay compensation.

2. I have heard Sri. R. Chandrashekar, learned counsel for claimant and Sri. B.C. Shivannegowda, learned counsel for insurance company.

3. On hearing learned counsel for parties and after going through evidence and the impugned award and the copy of policy, I find that insurance company had collected premium to cover the risk of driver only. The insurance company had collected premium of Rs. 25/- to cover the risk of driver. In terms of IMT 40, the Legal Liability Premium (LLB) collected while taking insurance of vehicle at the rate of Rs. 25/- would cover the risk of driver/conductor and/or cleaner.

4. The learned counsel for claimant has relied on the judgment of this court reported in United India Insurance Company Limited Vs. Smt. Shanthavva and Othe