ORDER

With the consent of learned counsel for the appellants, heard finally at motion stage.

2. This order shall govern disposal of MA No.3516 of 2022 (United India Insurance Company Vs. Smt. Chaina Bai and Others), M.A.No.3517 of 2022 (United India General Insurance Company Limited Vs. Smt. Guddu Patel and Others) and M.A.No.3518 of 2022 (United India General Insurance Company Vs. Smt. Meera Bai and Others) arising out of common award dated 07.04.2022 passed in relation to MACC No.2097/2019 (Smt. Chaina Bai and Others Vs. Kamlesh Chaudhary and Others), MACC No.2098/2019 (Smt. Meera Bai and Others Vs. Kamlesh Chaudhary and Others) and MACC No.2142 of 2019 (Smt. Guddu Patel Vs. Kamlesh Chaudhary and Others).

3. All these appeals have been filed by the Insurance Company challenging liability to pay the compensation as imposed by the Tribunal and for setting aside principle of pay and recover applied by Tribunal.

4. Learned counsel for the appellant, after referring to Insurance policy (Ex.D/1) and depositions of non-applicant witness Smt. Ichha Dixit, submits that in the instant case, Insurance policy was Act only policy. Therefore, Insurance Company is liable to pay upto Rs.1,00,000/- and principle of pay and recover cannot be applied. Further, it is also urged that in death case, Insurance Company is liable to pay Rs.1,00,000/- and in injury case, it is not liable to pay any amount.

5. I have heard learned counsel for the appellant and perused the record of the case.

6. Perusal of deposition of non-applicant witness Smt. Ichha Dixit and Insurance policy (Ex.D/1) reveal that "it is private car liability only policy" and not comprehensive/package policy. It is also evident from above that Insurance Company has received total premium of Rs.450/- for nine passengers, Rs.50/-

for each passenger.

7. Hence, in view of above, Insurance policy being only policy, principle of pay and recover cannot be applied. (National Insurance Co. Ltd Vs. Balakrishnan and another 2013 (1) SCC 731 , General Manager, United India Insurance Co. Ltd Vs. M. Laxmi and others 2009 (17) SCC 301 and M.A.No.5762 of 2019 HDFC Ergo General Insurance Company Vs. Smt. Dumri Bai dated 11.07.2022 relied. Hence, findings of Tribunal with respect to pay and recover are set aside.

8. So far as Insurance Company's liability in relation to quantum of compensation/extent of evidence under Insurance policy Ex.D/1 is concerned, in this connection, IMT-16 (D/1) is important and it reads as under:-

"IMT 16. Personal accident to unnamed passengers other than Insured and the paid driver and cleaner (For vehicles rated as Private cars and Motorized two wheelers) In consideration of the payment it is hereby understood and agreed that the insurer undertakes to pay compensation on the scale provided below for bodily injuries hereinafter defines sustained by any passenger other than the insured and/or the paid driver attendant or cleaner and/or a person in the employ of the insured coming within the scope of the Workmens Compensation Act, 1923 and subsequent amendments of the said Act and engaged in and upon the service of the insured at the time such injury is sustained whilst mounting into, dismounting, from or travelling in but not driving the insured motor car and caused by violent, accidental, external and visible means which independently of any other cause shall within three calendar months of the occurrence of such injury result in :

Death of Injury Scale of compensation i) Death 100% ii) Loss of two limbs or sight of two eyes or one limb and sight of one eye 100% iii) Loss of one limb or sight of one eye 50% iv) Permanent Total Disablement from injuries other than named above 100%"

9. Thus, from above, it is evident that in case of death, Insurance Company is liab