Point of Law: There is no scintilla of doubt that a “comprehensive/package policy” would cover the liability of the insurer for payment of compensation for the occupant in a car.

JUDGMENT :

CMP No. 969 of 2011 and CMP No. 759 of 2012

1. The appellant/insurer has filed application (CMP 969 of 2011) under Order 41 Rule 27 of the Code of Civil Procedure, seeking leave of the Court to place on record the policy of insurance, on which, all the parties are otherwise placing reliance. A copy of such policy has been placed on record alongwith CMP 759 of 2012.

The prayer of the appellant/insurer deserves to be allowed as all the parties have placed reliance on such policy of insurance. The perusal of terms of policy will otherwise be necessary to be examined by this Court to enable it to pronounce judgment.

Accordingly, the applications are allowed. The insurance policy insuring respondent No. 5, Sh. Manish Bhardwaj for the period 14.07.2004 to 13.07.2005 in respect of the motorcycle in question is taken on record.

FAO No. 482 of 2011

This appeal has been preferred by insurer against Award dated 19.08.2011, passed by learned Motor Accident Claims Tribunal-cum-Presiding Officer, Fast Track Court, Mandi, H.P. in Claim Petition No. 8/2005 (207/2005) titled Smt. Lalita Kumari and others Vs. Oriental Insurance Company and others, whereby liability to pay compensation to the claimants has been fastened on the insurer.

2. Mr. Ashwani K. Sharma, learned Senior Advocate representing the insurer has confined his challenge only to the extent that the pillion rider of two-wheeler was not covered under the policy of insurance and thus, the insurer could not be fastened with the liability to indemnify the insurer. He has tried to draw strength to his contention by placing reliance on judgments passed by Hon’ble Supreme Court in United India Insurance Co. Ltd. Vs. Tilak Singh and others (2006) III ACJ 1441, Oriental Insurance Company Vs. Sudhakaran K. V. and others (2008) III ACJ 2045 and General Manager, United India Insurance Co. Ltd. Vs. M. Laxmi and others (2009) I ACJ 104.

3. Mr. Digvijay Singh, learned counsel for the claimants, on the other hand, has contested the prayer of insurer by placing reliance on judgment passed by Hon’ble Supreme Court in National Insurance Co. Ltd. Vs. Balakrishnan and another (2013) ACJ 199.

4. He has submitted that the judgments relied upon by learned Senior Counsel representing the insurer cannot be applied to the facts of the case as in all said cases there was involvement of “Act only policy”, whereas in the instant case, the policy of insurance is a package/comprehensive policy which covers the risk of pillion rider also.

5. I have given my thoughtful consideration to the rival contentions and have also gone through the record.

6. Perusal of the policy of insurance placed on record by insurer reveals that it was a package policy wherein respondent No. 5, Sh. Munish Bhardwaj had been insured for the period 14.07.2004 to 13.07.2005 in respect of motorcycle bearing registration No. HP-31-2843. The date of accident was 7.9.2004.

7. The claimants have been awarded compensation on account of death of Sh. Uday Bhanu Pratap Singh, which was caused as a result of involvement of motorcycle No. HP-31-2843. The deceased Sh. Uday Bhanu Pratap Singh was proved to be on the pillion of the motorcycle at the time of accident.

8. The insurer, though, had taken an objection to the claim petition on the ground that pillion rider was not covered under the policy of insurance, but none of the parties including insurer had placed and proved on record the policy of insurance. In the given facts, learned Tribunal had rightly drawn adverse inference against the insurer and had burdened it with the liability to indemnify the insured.

9. Now, that the insurance policy is before this Court, the same has been found, as noticed above, to be a package policy. The terms package policy and comprehensive policy are used synonymously. Once, the coverage is through a package/comprehensive policy, it will cover the risk of pillion rider also. In this regard, reference can be gainfully made to the judgment passed by Hon’ble Supreme