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2017 Supreme(HP) 533

AJAY MOHAN GOEL
Prashant Kapoor – Appellant
Versus
Tulesh Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. G.R. Palsra, Advocate.
For the Respondents:Mr. Neel Kamal Sharma, Advocate Mr. Ashwani K. Sharma, Senior Advocate, with Mr. Jeevan Kumar, Advocate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this appeal, the appellant has challenged the award passed by the learned Motor Accident Claims Tribunal II, Mandi in MACT No. 70 of 2008 dated 16.01.2012, vide which, learned Tribunal while allowing the claim petition of the claimants before it, further held that the liability to pay the compensation to the petitioners before it shall be that of respondent No. 1 therein, i.e. the present appellant.

2. A perusal of the award under challenge demonstrates that learned Tribunal below awarded an amount of Rs. 17,07,760/- in favour of the claimants alongwith interest @ 7.5% per annum from the date of filing of the petition till the date of award. It further held that the policy which was taken out by the present appellant with regard to the vehicle in question with the respondent-Company was an ‘Act Only Policy’, which policy covers the risk of only third person, i.e. the person other than those trevelling in the vehicle and, therefore, Insurance Company could not be held liable to pay compensation to the passengers travelling in the vehicle unless extra premium stood paid to the Insurance Company for covering the said risk. While arriving at the sa













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