The insurer is liable to indemnify the insured against all sums which the insured shall become legally liable to pay in respect of death of or bodily injury to 'any person', which includes an occupant of the car who is gratuitously travelling in the car.

( 1 ) THE aforesaid two appeals arise out of the award dated 2. 3. 1993 passed in Claim Case No. 98 of 1993 by Vllth Additional Motor Accidents claims Tribunal, Bhopal.

( 2 ) M. A. No. 618 of 1993 has been filed by the insurer aggrieved of the award while M. A. No. 619 of 1993 has been filed by the claimant for enhancement of the compensation.

( 3 ) THE injured claimant was employed as Assistant Financier in United Soya products Ltd. (company), whose office was situated at Maharana Pratap Nagar, zone Bhopal. He with other occupants in car No. CIR 666 owned by the company was going on 31. 10. 1987, on Highway No. 12 to the company's factory. The said car met with an accident due to bursting of worn out tyre of the rear wheel. The driver lost control of the car and dashed with a tree on the roadside, as a result of which the claimant received multiple severe injuries. The car was also badly damaged. The claimant was admitted in Niramay hospital and Medical Research Centre at bhopal where he remained as indoor patient from 31. 10. 1987 to 30. 11. 1987 and then again from 22. 4. 1989 to 5. 5. 1989 for the treatment of comminuted fractureof lower end of femur and patella of left leg and of medial end of right clavicle. Operations were performed and bonegrafting was done for reunion of the bones by fixing LFL shape plate in the thigh above knee with screw fixation. The leg was plastered and to set the clavicle, use of belt was advised for a period of one month. He was advised bedrest for 41/2 months. After 41/2 months the plaster was removed and the claimant was advised to move with the help of crutches. Discharge summary of Niramay Hospital is Exh. P/2 and Exh. P/3 is the discharge slip. The claimant suffered permanent disability of 50 per cent of left lower limb because of post-traumatic restriction of movement of left knee (0 to 60 degree flexion) with shortening of 1/2" of leg. Certificate for physically handicapped person issued by artificial Limb Fitting Centre, Department of Orthopaedics and Traumatology, Gandhi medical College, Bhopal is Exh. P/l.

( 4 ) THE learned Tribunal on the evidence adduced held that the accident was caused due to negligence of the owner and driver of the vehicle as the car was not kept in a roadworthy condition. The Tribunal under the head of pecuniary damages assessed Rs. 35,000 as the expenses incurred in medical attendance and care but, the said amount was not awarded as the claimant got Rs. 22,000 under the medical claim policy, and the balance was reimbursed by the company. However, as the claimant remained under treatment for a period of 4'/2 months, therefore, a sum of rs. 5,000 was awarded for special diet, an amount of Rs. 8,250 was awarded as loss of pay for a period of 45 days, i. e. , when the claimant was admitted for treatment in the hospital from 31. 10. 87 to 30. 11. 1987 and then, again from 22. 4. 1989 to 5. 5. 1989. Under the head of non-pecuniary damages, for pain and suffering and permanent disability an amount of Rs. 60,000 was awarded. Thus total amount of Rs. 73,250 with interest at the rate of 12 per cent per annum from the date of application was awarded, which was ordered to be paid jointly and severally by the owner and insurer of the vehicle.

( 5 ) THE insurer in its appeal has filed an application to take the complete contract of insurance on the record and also an application for amendment of the written statement for permitting the proposed amendment by adding para 11 after para 10 of the written statement, which reads thus:"that the vehicle was insured as a private car and the policy of insurance of a private car specifically stated that the answering non-applicant No. 3 (insurer) shall not be liable where such death or injury arises out of accident in the course of employment of such person by the insured. "

( 6 ) MR. N. S. Ruprah and Mrs. Amrit ruprah, learned counsel for the insurance company contended that the vehicle was a private car. The insuranc