JUDGMENT :

This Misc. Appeal under section 173 of Motor Vehicles Act, 1988 has been filed challenging the award dated 02-03-2009 passed by VIth Additional Motor Accident Claims Tribunal (Fast Track Court), Lahar, Distt. Bhind in Claim Case No. 32/2008, by which the appellant/Insurance Company has also been held jointly and severally liable to pay compensation.

2. The only question which arises for consideration is that whether the Insurance Policy was an Act Policy or was a comprehensive Policy.

3. The necessary facts for the disposal of the present appeal in short are that the deceased Mani was travelling in the offending jeep bearing Registration No. M. P. 32 T 0005 as a gratuitous passenger. The jeep collided with a tree as a result of which the deceased Mani died.

4. The Claims Tribunal has awarded Rs.87,000/- by way of compensation and also held that the owner of the offending vehicle and the insurance company are jointly and severally liable to pay the compensation amount.

5. Challenging the liability fixed by the Claims Tribunal, it is submitted by the Counsel for the appellant, that since, additional premium for the passenger was not paid and the policy in question was an “Act”