The comprehensive policy covered the liability of the insurance company for the pillion rider, and the court had the authority to modify the judgment and decree of the Tribunal.

JUDGMENT :

1. By way of the present Appeal, the appellants herein is aggrieved by the judgment and order dated 26.12.2017 passed by the Motor Accident Claim Tribunal (Main) Arvalli at Modasa in M.A.C.P. No. 773 of 2015 (Old No. 418 of 2013). The said order passed by the Tribunal reads thus:

“ORDER

1. The above referred claim petition is partly allowed.

2. The claimants are entitled to recover Rs. 9,06,300/- (Rupees Nine Lac Six Thousand and Three Hundred only) from the opponent no.1 and 2, jointly and severally with the proportionate cost and with interest at the rate of 9 % per annum, from the date of the claim petitions till realization:

3. The opponent no.3 is hereby exonerated.

4. The opponent no.1 and 2 are hereby directed to deposit awarded amount within 30 days of the order.

5. Deficit court fees stamp, if any, be recovered from the awarded amount and interim amount if paid be adjusted.

6. From the remaining amount, same shall be paid to the applicants, out of which, 30% amount be paid to the applicant No. 1, 20%-20% amount be paid to the applicant No.5 and 6 and 10%-10% amount be paid to the minor applicant No.2, 3 and 4.

7. The entire amount coming to share of the minor petitioners No. 2, 3 and 4 be invested in any Nationalized Bank in Fixed Deposit for a period till the minor attain the age of majority.

8. Thereafter, amount coming to the share of the claimants No.1, 5 and 6, 70% amount be invested as fixed deposit in any nationalized bank for initial period of five years. The remaining 30% amount be paid to the applicants No. 1, 5 & 6 by account payee cheque/s forthwith.

9. The petitioner will not be entitled to get any loan, advance or withdrawal or can create any in encumbrances on the aforesaid fixed deposit receipt without prior permission of this Tribunal. However periodical interest accrued from time to time on the fixed deposits be paid to claimant.

10. Award be drawn accordingly in the above petition. Signed and pronounced in the open Court today.”

2. Brief facts of the present case are that, on 20.04.2013, the deceased was going towards Village: Shamlaji from Asal on motorcycle of opponent no.1, bearing registration No. GJ-9-VF-3963. It is further the case of the claimants that the opponent no.1 was riding the said motorcycle and deceased was pillion rider on the said motorcycle. It is further the case of the claimants that the opponent no.1, was riding the said motorcycle, in a rash and negligent manner and endangering to human life and when they were passing through the place of accident i.e. near outskirt of Village: Rudardi, Shamlaji – Himmatnagar National Highway, the opponent no.1, lost control over the steering, and therefore, his motorcycle slept as a result accident occurred in which deceased sustained serious injuries and died during the treatment. It is further the case of the claimant that due to the sole negligence of opponent no.1, accident took place.

3. The appellants – original claimants, being aggrieved by the compensation awarded by the Tribunal, approached this Court by way of present First Appeal.

4. Heard Mr. R.K. Mansuri, learned advocate appearing for the appellants – claimants and Mr. Bhavin Thakar, learned advocate for Mr. Maulik J. Shelat, learned advocate appearing for the respondent- Insurance Company.

5.1. Being aggrieved by the impugned judgment and order as referred above dated 26.12.2017, the appellants herein – original claimants have approached this Court on the ground that, the respondent no.3 – Insurance Company is exonerated on the ground that the risk of pillion rider is not covered as per the policy. It was submitted by Mr. Mansuri, learned advocate that the said policy is a ‘package policy’ and placing reliance on the same, it was submitted that the risk of pillion rider accordingly would be covered in such policy. The said policy is duly produced at Exh.26.

5.2. Mr. Mansuri, learned advocate submitted that it is a comprehensive / package policy. It was submitted that the aforesaid w