JUDGMENT

Pushpendra Singh Bhati, J. - Appellant driver has preferred the present appeal claiming the following reliefs:-

"It is therefore respectfully prayed that this appeal may kindly be allowed and the respondent-insurer may kindly be held liable to indemnify the awarded amount. Or in the alternative the amount of compensation may kindly be reduced suitably."

2. The unfortunate accident happened on 24.12.2003 at about 4:00 PM when the deceased Bhanwar Singh was sitting as a pillion rider on motorcycle no.MH-3/Y-4722 which was being driven by the appellant Moti Singh.

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3.1 Learned counsel for the appellant submits that since the factual matrix of the details are not disputed, therefore, the only question arising is whether the package policy insuring the motorcycle would cover the liability of a pillion rider.

3.2 Learned counsel for the appellant has further drawn attention of this Court to the policy conditions which are on record and particularly, Section-II thereof, which is dealing with the liability to third parties, relevant para 1 whereof reads as follows :-

"Sect