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2008 Supreme(All) 1377

AMITAVA LALA, A.P.SAHI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
KHURSHEEDA BANO. – Respondent


Advocates:
Counsel :
Satish Chaturvedi for the Appellant; None for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—The appellant-Insurance Company has preferred this appeal from the judgment and order dated 20th February, 2008 passed by the concerned Motor Accidents Claims Tribunal, Bareilly.

2. The awarded amount is Rs. 6,90,040/- and the liability to pay the same has been fixed on both the offending vehicles. The Insurance Company herein is insurer of the Scooter. In the accident in question the pillion rider has expired. The appellant initially took the plea that the Insurance Company is not liable to pay the compensation on account of death of pillion rider. But when we called upon the Insurance Company to produced the policy of the insurance and the same was so produced, we find that it is comprehensive in nature having sitting capa-city of two persons. Therefore, we do not find any genuine cause to interfere with the order impugned on such plea.

3. So far as the claim of security is concerned, it is contended before us that the Insurance Company is entitled to security of entire amount to be paid to the claimants from the owner. In our view, the contention of the learned Counsel appearing for the appellant suffers from misconception. Motor Vehicles Act, 1988






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