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IN THE HIGH COURT OF CHHATTISGARH
DILIP RAOSAHEB DESHMUKH, J
Insurer – Appellant
Versus
Claimant Nos. 1 to 3 – Respondent
| Table of Content |
|---|
| 1. insurer's liability established based on policy coverage. (Para 1 , 2 , 3) |
| 2. arguments presented about the type and scope of insurance policy. (Para 4 , 5 , 6) |
| 3. court analysis distinguishes between 'act only' and comprehensive policies. (Para 7 , 8 , 9) |
| 4. final decision to dismiss the appeal. (Para 10) |
1. The appellant insurer has assailed the award dated 3.5.2008 passed in Claim Case No. 7 of 2006 by the Additional Motor Accidents Claims Tribunal, Bilaspur (henceforth 'the Tribunal') whereby in a death case liability to pay compensation of Rs.2,16,000 has been fastened upon the appellant insurer.
2. Admittedly, on 5.7.2002 motor cycle No. CG 10 - B 0264 (henceforth 'the motor cycle') owned and driven by the deceased Bisahuram and insured by the appellant insurer, met with an accident in which one Arjunkant, a pillion rider on the said motor cycle died. The widow and two minor children of the deceased filed application under S.166 of the Motor Vehicles Act (hereinafter referred to as ' the Act' ) before the Tribunal on the ground that since the vehicle was insured, liability to pay compensation would rest squarely on the insurer. The appellant insurer pleaded, i
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