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  4. 2024/
  5. December

The New India Assurance Co. Ltd. vs. Sunita Pradhan

Decided on 10 December 2024• Citation: MAC App./13/2024• High Court of Sikkim
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                     THE   HIGH   COURT    OF  SIKKIM     : GANGTOK                 
                                  (Civil Appellate Jurisdiction)                    
                                           th                                       
                               DATED  :  10  December,  2024                        
            -----------------------------------------------------------------------------------------------------------------
              SINGLE BENCH :                                                        
                            THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE     
            -----------------------------------------------------------------------------------------------------------------
                                 MAC  App.  No.12  of 2024                          
                       Appellant      :    The New India Assurance Co. Ltd.         
                                                   versus                           
                       Respondent     :         Sunita Pradhan                      
                                             and                                    
                                 MAC  App.  No.13  of 2024                          
                       Appellant      :    The New India Assurance Co. Ltd.         
                                                   versus                           
                       Respondent     :         Sunita Pradhan                      
                 Appeal under  Section 173  of the Motor Vehicles Act, 1988         
                  ---------------------------------------------------------------------------------------
                   Appearance                                                       
                       Mr. Dipayan Roy, Advocate for the Appellant.                 
                       Mr. S. S. Hamal, Senior Advocate with Mr. Tashi Wongdi Bhutia,
                       Mr. Mahesh Subba, Mr. Varun Pradhan, Mr. Pradeep Sharma, Ms. 
                       Ram Devi Chettri and Ms. Anjali Pradhan, Advocates for the   
                       Respondent.                                                  
                  ---------------------------------------------------------------------------------------
                                      JUDGMENT                                      
                  Meenakshi Madan Rai, J.                                           
                  1.        Two Appeals, being MAC App. No.12 of 2024 and MAC       
                  App. No.13 of 2024, assailing the Judgments, both dated 21-03-    
                  2023, of the Learned Motor Accidents Claims Tribunal, at Gangtok, 
                  Sikkim,                          MACT  Case No.48 of 2019         
                         (hereinafter, the “MACT”), in                              
                  (Sukmit Thapa vs. New India Assurance Co. Ltd. and Another) and   
                  MACT Case No.49 of 2019 (Sukmit Thapa vs. New India Assurance Co. 
                  Ltd. and Another) respectively, are being disposed of by this     
                  common   Judgment, as they concern a  single motor vehicle        

                                  MAC App. Nos.12 and 13 of 2024       2            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  accident, in which the children (son and daughter), of the Claimant
                  perished.                                                         
                  2.        In MAC  App.  No.13 of 2024,  the motor  vehicle        
                  accident, involving a car (Maruti 800), snuffed out the life of   
                  eighteen year old, Romila Thapa, the daughter of the Claimant.    
                  She was travelling in the ill-fated vehicle with her cousin, her  
                  neighbour and her brother, who was driving the vehicle, when it   
                  went off the road near Singtam, East Sikkim, around 05.00 a.m, on 
                  31-08-2005.  The accident resulted in the fatality of all the     
                  occupants of the vehicle and their bodies remained unrecovered.   
                  Although the vehicle was recovered, the documents remained        
                  untraced. A Claim Petition under Section 166 of the Motor Vehicles
                                                           compensation of a        
                  Act, 1988 (hereinafter, the “MV Act”), seeking                    
                              800/- (Rupees nine lakhs, eighty nine thousand and    
                  sum of ₹ 9,89,                                                    
                  eight hundred) only, before the Learned MACT, was filed by the    
                  Claimant, where the Appellant was arrayed as a Respondent. The    
                  Appellant contested the Claim Petition before the Learned MACT    
                  inter alia, on grounds that, as the Claimant was the registered   
                  owner of the accident vehicle, the deceased being her daughter    
                  had                           and therefore did not qualify as    
                      stepped into the owner’s shoes                                
                  a third party, thus disentitling the Claimant to compensation. The
                  deceased driver did not have a driving licence and in the facts of
                  the case, there was neither any statutory liability nor contractual
                  obligation, on the part of the Insurance Company, to pay          
                  compensation to the Claimant or to indemnify the owner of the     
                  vehicle.                                                          
                  (i)       In MAC App. No.12 of 2024, the facts of the case are    
                  similar to that of MAC App No.13 of 2024, save to the extent that 

                                  MAC App. Nos.12 and 13 of 2024       3            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  the deceased was the son of the Claimant and he was driving the   
                  vehicle in accident. The Claim Petition was contested by the      
                  Appellant (Respondent before the MACT), on the ground that, the   
                  deceased being the son of the Claimant was a permissive user and  
                  not a third party. Besides, he did not have a driving licence and 
                  there no statutory liability nor contractual obligation of the    
                  Appellant to pay compensation.                                    
                  3.        The Learned MACT on consideration of the pleadings of   
                  the parties, settled the exact same issues for determination in both
                  the cases, i.e., MACT Case No.48 of 2019 and MACT Case No.49 of   
                  2019, save for issue no.2;                                        
                            (1)  Whether  the   claim  petition/application is      
                                 maintainable?;                                     
                            (2)  Whether the deceased died as a result of injuries  
                                 sustained by her in the accident that occurred on  
                                 31.08.2005 while she was travelling in the accident
                                 vehicle belonging to the claimant?; (MACT Case No.49
                                 of 2019);                                          
                            (2)  Whether the deceased died as a result of the injuries
                                 sustained by him in the accident that occurred on  
                                 31.08.2005 while he was driving the accident vehicle
                                 belonging to the claimant? (MACT Case No.48 of 2019);
                            (3)  Whether the said vehicle was duly insured with the 
                                 respondents at the time of the accident?;          
                            (4)  Whether the deceased driver had a valid and effective
                                 driving licence authorizing him to drive the accident
                                 vehicle and whether the said vehicle had valid     
                                 documents at the time of the accident?;            
                            (5)  Whether any terms and conditions of the concerned  
                                 insurance policy have been violated in this case on
                                 the basis of which the respondents can avoid its   
                                 liability? and;                                    
                            (6)  Whether the petitioner/claimant is entitled to the 
                                 reliefs prayed for by them?                        
                  (i)       All issues were determined in favour of the Claimant in 
                  both cases. The Learned MACT while deciding issues no.1 and 6     
                  together, in both cases, observed in Paragraphs 19, 20 and 21 of  
                  the impugned Judgments as follows;                                
                                  19. Learned Counsel for the respondents on the    
                                 “                                                  
                                 other hand contended that the deceased was         
                                 travelling i                                       
                                         n the accident vehicle as ‘permissive user’

                                  MAC App. Nos.12 and 13 of 2024       4            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                                 and therefore, cannot make this claim. In support of
                                 this argument, reliance was placed in the case of  
                                 Ramkhiladi and Another v. United India Insurance Co.
                                 and Another, (2020) 2 SCC 50.                      
                                 20.  In this regard, it would be relevant to point out
                                 that the facts of the case relied by the respondents
                                 (supra) and the facts of the present case are      
                                 different. In the case referred above, the deceased
                                 was travelling in a vehicle (borrowed vehicle) which
                                 met with an accident with another vehicle which    
                                 caused the accident (i.e. the offending vehicle). The
                                 appellants claimed compensation (under Section     
                                 163A) from the owner and insurer of the borrowed   
                                 vehicle. Though the allegation of rash and negligent
                                 driving was made against the driver of offending   
                                 vehicle, no claim was made against the driver/owner
                                 or insurer of the said offending vehicle. Under such
                                 circumstances, it was held that the claimants could
                                 have claimed compensation against the driver/owner 
                                 or insurer of the offending vehicle and not against the
                                 borrowed vehicle since the deceased was a third party
                                 with respect to the offending vehicle.             
                                 21. The facts of the present case is quite different.
                                 There is no ‘other vehicle’ involved in the accident,
                                 i.e. there is no offending vehicle. The cause of   
                                 accident is due rash and negligent driving of the  
                                 driver (Peter Rominsh Thapa) of the borrowed vehicle
                                 itself. Hence, the claim of the petitioner/claimant
                                 against the insurance company in the present case is
                                 maintainable. ……………………………………..”                    
                  (ii)      The income of the deceased, in MAC App. No.13 of        
                  2024                            - (Rupees six thousand) only,     
                       although claimed to be ₹ 6,000/                              
                  per month, by the Claimant,                  - (Rupees six        
                                            was fixed at ₹ 6,600/                   
                  thousand and six hundred) only, per month, by the Learned MACT,   
                  on grounds that, the victim being a student did not have any      
                  income at  the relevant time.  Recourse was taken  to the         
                  Notification of the Labour Department, Government of Sikkim,      
                  dated 01-11-2014 and her notional income was fixed                
                                                               at wages of ₹        
                  220/- (Rupees  two  hundred  and  twenty) only, per  day.         
                  Compensation was computed under various heads and a sum           
                                                                       of ₹         
                  10,57,480/- (Rupees ten lakhs, fifty seven thousand, four hundred 
                  and eighty) only, was granted to the Claimant, with interest @    

                                  MAC App. Nos.12 and 13 of 2024       5            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  10%  per annum, from the date of filing of the Claim Petition (i.e.
                  02-12-2019) till full and final payment.                          
                  (iii)     The deceased driver in MAC App. No.12 of 2024 was       
                  aged twenty-two years at the time of the accident and it was      
                  claimed that he was             - (Rupees six thousand) only,     
                                   earning ₹ 6,000/                                 
                  per annum.  The Learned MACT on examination of the evidence       
                  reached a finding that, the victim was a college student and      
                  therefore unemployed. His notional income was consequently fixed  
                            - (Rupees six thousand and six hundred) only, per       
                  at ₹ 6,600/                                                       
                  month, taking into consideration Notification dated 01-11-2014, of
                  the  Labour  Department, Government   of  Sikkim  (supra).        
                  Compensation of a sum of  11,12,200/- (Rupees eleven lakhs,       
                                          ₹                                         
                  twelve thousand and two hundred) only, was granted to the         
                  Claimant, with interest @ 10% per annum, from the date of filing  
                  of the Claim Petition (i.e. 02-12-2019) till full and final payment.
                  4.        In Appeal (in MAC App No.13 of 2024), it is contended   
                  by Learned Counsel for the Appellant that the insurance cover was 
                  only for three occupants of the vehicle. The deceased daughter    
                  being the fourth person, disentitled the Respondent to the        
                  compensation claimed. Besides, she being the daughter of the      
                  Respondent, the owner of the vehicle, she stepped into the shoes  
                  of the owner and is not a third party. The owner thus cannot claim
                  compensation on the death of her daughter. The insured having     
                  paid an additional premiu         - (Rupees three hundred)        
                                        m  of ₹ 300/                                
                  only, to cover the risk of unnamed passengers in the vehicle a    
                                              - (Rupees two lakhs) only, per        
                  limited liability of ₹ 2,00,000/                                  
                  person, was created in terms of India Motor Tariff (IMT 16), in the

                                  MAC App. Nos.12 and 13 of 2024       6            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  prescribed format of Insurance Regulatory and Development         
                  Authority of India (IRDAI).                                       
                  (i)       In MAC App  No.12 of 2024, it was argued that the       
                  driver having driven rashly and negligently with no other vehicle 
                  being involved in the accident, the insurance company is not liable
                  to pay the compensation as held by the Supreme Court in           
                                                                    National        
                                                   1                                
                                                    and                             
                  Insurance Co. Ltd. vs. Ashalata Bhowmick Jhuma Saha (Smt.) and    
                       2                                                            
                        .                                                           
                  Others                                                            
                  5.        Per contra, Learned Senior Counsel for the Respondent   
                  argued that, the contention advanced by Counsel for the Appellant 
                  that they are not liable to make good the compensation as the     
                  deceased persons had stepped into the shoes of their mother is    
                  sans reasoning. The mother/Claimant was the insured while the     
                  Appellant is the insurer, thereby the deceased persons were third 
                  parties. A third party has been succinctly elucidated by this     
                             “         ”                                            
                  Court in                                                          
                          Branch Manager, National Insurance Co. Ltd., Gangtok vs.  
                                            3                                       
                                             ,                                      
                  Master Suraj Subba and Another Passi Lamu Sherpa and Another vs.  
                                                            4                       
                                                             and                    
                  The Branch Manager, New India Assurance Co. Ltd. The Branch       
                  Manager, The New India Assurance Co. Ltd. vs. Smt. Urmila Biswakarma
                                  5                                                 
                                   and by the Supreme Court in                      
                  (Chettri) and Others                      Ashalata Bhowmik        
                  (supra). That, new grounds have been urged in Appeal which is     
                  legally impermissible, these having not been raised during trial  
                  viz.; that an                      - (Rupees three hundred)       
                             additional premium of ₹ 300/                           
                  only, having been  paid for covering the risk of unnamed          
                  passengers in the vehicle, created a limited liability upon the   
                  Insurance Company of          - (Rupees two lakhs) only, per      
                                      ₹ 2,00,000/                                   
                  1                                                                 
                   AIR 2018 SC 4133                                                 
                  2                                                                 
                   (2007) 9 SCC 263                                                 
                  3                                                                 
                   AIR 2014 Sikk 7                                                  
                  4                                                                 
                   2024 SCC OnLine Sikk 24                                          
                  5                                                                 
                   MANU/SI/0030/2022                                                

                                  MAC App. Nos.12 and 13 of 2024       7            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  person. No grounds regarding the clause in IMT 16 or the IRDAI    
                  were urged before.  That, the Appeal therefore ought to be        
                  dismissed.                                                        
                  6.        The rival contentions of Learned Counsel for the parties
                  having been heard in detail, in extenso and the records having    
                  been examined, the common question that falls for consideration   
                  before this Court in both the Appeals is;                         
                                  Whether the MACT was correct in having granted    
                                 “                                                  
                                 compensation to the Respondent?                    
                                                           ”                        
                  7.        While addressing this question, it may relevantly be    
                  recapitulated here that, this Court in            (supra)         
                                                   Master Suraj Subba               
                  had opined that where the deceased, the husband of the insured,   
                  was not a party to the agreement of insurance, he had a valid     
                  driving licence and was driving the insured vehicle, he would     
                  undoubtedly fall within the meaning of third party. The Learned   
                  MACT had held as follows;                                         
                                 “                                                  
                                  10(i)                                             
                                      …………………………………………………………………………………               
                                      32.       In this regard one may go through   
                                      the Provisions of Section 146 of the M.V. Act 
                                      which speaks of necessity for insurance against
                                      third party risk. The object of this provision is
                                      to enable a thirty party to claim and recover 
                                      damages from the Insurance company without    
                                      recourse to the financial capacity of the driver
                                      or owner of the vehicle. The policy of insurance
                                      is thus a result of a contract between the    
                                      insurer and the insured under which the insurer
                                      agrees to indemnify the insurer against the   
                                      liability incurred by him. Hence other then the
                                      contracting party to the Insurance policy the 
                                      expression “the third party” should include   
                                      everyone else. It may be worthwhile to refer to
                                      the following decision with regard to the said
                                      issue.                                        
                                          ”                                         
                  (i)       This High Court upholding the said view, explained as   
                  to which person would qualify as a third party.                   
                  (ii)      Bearing the above in mind, in the instant case, the     
                  Appellant is the insurer, the Respondent (owner) is the insured,  

                                  MAC App. Nos.12 and 13 of 2024       8            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  any other person who is not a party to the insurance policy would 
                  fall within the                                                   
                               ambit of a third person. The term ‘injury’ to any    
                  person as reflected in Section 147 of the MV Act, 1988, is wide   
                  enough to bring within its ambit the deceased, who was not a party
                  to the insurance policy and therefore not the insured.            
                  (iii)     In                 (supra), the deceased was the        
                               Passi Lamu Sherpa                                    
                  wife of the owner of the vehicle in which both of them were       
                  travelling. An accident resulted in the fatality of the couple. The
                  Insurance Company claimed that the policy did not cover the       
                  compensation claimed as it only covered the personal accident of  
                                                           - (Rupees fifteen        
                  the owner/driver amounting to ₹ 15,00,000/                        
                  lakhs) only. This Court while examining the provisions of Exhibit 7,
                  the insurance policy, dealt with the limits of liability which is 
                  extracted hereinbelow as follows;                                 
                                 “8. ………………………………………………………………………………..               
                                 ………………………………………………………………………………..                   
                                 (iii)                                              
                                    …………………………………………………………………….…..                  
                                               Limits of Liability                  
                                 Limit of the amount the Company’s Liability Under  
                                 Section II 1(i) in respect of any one accident: as per
                                 the Motor Vehicles Act, 1988.                      
                                 Limit of the amount of the Company’s Liability Under
                                 Section II 1(ii) in respect of any one claim or series of
                                 claims arising out                                 
                                               of one event: Up to ₹ 7,50,000.”     
                       It was observed that as per the IMT, the first (supra)       
                  pertains to liability covered in respect of the death as stated in
                  Exhibit 7, as per the MV Act, which thereby makes the insurer     
                  liable to pay compensation as computed in terms of the said Act.  
                  The second pertains to the damages caused to property of a third  
                  party. Thus, the contention that the claim therein would be limited
                              - (Rupees seven lakhs and fifty thousand) only, was   
                  to ₹ 7,50,000/                                                    
                  found to be an erroneous interpretation advanced by the Counsel   

                                  MAC App. Nos.12 and 13 of 2024       9            
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  for the Insurance Company. This Court also observed that the      
                  argument that the deceased wife would step into the shoes of the  
                  owner/driver disentitling the Claimants to compensation was a     
                  preposterous proposition, more so, when both the Respondent and   
                  wife succumbed to the accident. Compensation was allowed to the   
                  Claimants.                                                        
                  (iv)      It is worthwhile to refer to                            
                                                  Amrit Lal Sood and Another vs.    
                                              6                                     
                                               , where the Supreme Court was        
                  Kaushalya Devi Thapar and Others                                  
                                                Comprehensive Policy , which        
                  considering a policy termed as “                 ”                
                  contained amongst others                                .         
                                         “Section II — Liability to Third Parties”  
                  It was held that, the expression “any person” appearing therein,  
                  included the occupant of a car, who was travelling gratuitously and
                  that under the terms of the policy, the insurer is liable to satisfy
                  the award passed in favour of the Claimant. The Supreme Court     
                  after noticing the relevant clause of the insurance policy found  
                  that, under Section II(1)(a) of the policy, the insurer had agreed to
                  indemnify the insured against all sums, which the insured shall   
                  become legally liable to pay, in respect of death or bodily injury to
                  any person.                                                       
                  8.        In the case at hand, Document-                          
                                                        ‘B’ is the certificate of   
                  insurance, which                                                  
                                  reveals that the policy is a “Package Policy      
                                 , whereby the premium was deposited for own        
                  (Private Vehicle)”                                                
                  damage  and  other liabilities, including compulsory personal     
                  accident cover premium and additional personal accident cover     
                  premium for three persons (IMT 16). In light of the contents of   
                  Document-   the argument that the Insurance Company is liable     
                           ‘B’                                                      
                                  - (Rupees two lakhs) only, per deceased person,   
                  to pay ₹ 2,00,000/                                                
                  6                                                                 
                   (1998) 3 SCC 744                                                 

                                  MAC App. Nos.12 and 13 of 2024       10           
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  is a misplaced submission as the limits of liability under Section
                  II(1)(i) is for death or bodily injury to any persons, including  
                  occupants carried in the vehicle.                                 
                  (i)       The reliance placed by the Appellant on                 
                                                                 Jhuma Saha         
                  (supra) lends no succour to his case, as in the said case (supra),
                  the controversy related to fastening the liability on the insurer, for
                  the death of the owner of the registered vehicle in accident. The 
                  owner had died and no premium had been paid for death or bodily   
                  injury of the owner. The instant case, is distinguishable from    
                            (supra), as the deceased persons were not the owner     
                  Jhuma Saha                                                        
                  of the vehicle, but were the driver and occupant thereof. That    
                  apart, it is indubitable                                          
                                      that the insurance policy was a “package      
                  policy for private car”. While on this facet the observation of the
                  Supreme  Court  in                                                
                                     National Insurance Company  Limited vs.        
                                      7                                             
                                        is indispensible. Reference was made in     
                  Balakrishnan and Another                                          
                  the ratiocination to the decision of the High Court of Delhi in   
                                                           8                        
                                                           , wherein Circular       
                  Yashpal Luthra vs. United India Insurance Co. Ltd.                
                  dated 16-11-2009 was issued by IRDA to CEOs of all the insurance  
                  companies, restating the factual position relating to the liability of
                  insurance companies, in respect of a pillion rider on a two-wheeler
                  and occupants in a private car, under the Comprehensive/Package   
                  policy. The communication inter alia stated as follows;           
                                                        Insurers’ attention is      
                                      “22. ……………………..                               
                                 drawn to wordings of Section II(1)(ii) of Standard 
                                 Motor Package Policy (also called ‘the Comprehensive
                                                           -wheeler under the       
                                 Policy’) for private car and two                   
                                 (erstwhile) India Motor Tariff (IMT). For convenience
                                 the relevant provisions are reproduced hereunder:  
                                               Liability to Third Parties           
                                      ‘Section II—                                  
                                      (1) Subject to the limits of liabilities as laid
                                 down in the Schedule hereto the company will       
                  7                                                                 
                   (2013) 1 SCC 731                                                 
                  8                                                                 
                   2011 ACJ 1415 (Del)                                              

                                  MAC App. Nos.12 and 13 of 2024       11           
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                                 indemnify the insured in the event of an accident  
                                 caused by or arising out of the use of the insured 
                                 vehicle against all sums which the insured shall   
                                 become legally liable to pay in respect of         
                                                                —                   
                                           (i) death or bodily injury to any person 
                                      including occupants carried in the vehicle    
                                      (provided such occupants are not carried for  
                                      hire or reward) but except so far as it is    
                                      necessary to meet the requirements of the     
                                      Motor Vehicles Act, the Company shall not be  
                                      liable where such death or injury arises out of
                                      and in the course of employment of such       
                                      person by the insured.’                       
                                           It is further brought to the attention of
                                      insurers that the above provisions are in line
                                      with the following circulars earlier issued by the
                                      TAC on the subject:                           
                                           (i) Circular M.V. No. 1 of 1978 dated 18-
                                      3-1978 (regarding occupants carried in private
                                      car) effective from 25-3-1977.                
                                           (ii) MOT/GEN/10  dated  2-6-1986         
                                      (regarding pillion riders on a two-wheeler)   
                                      effective from the date of the circular.      
                                      The above circulars make it clear that the    
                                 insured’s liability in respect of occupant(s) carried in
                                 a private car and pillion rider carried on a two-  
                                 wheeler is covered under the Standard Motor        
                                 Package Policy. A copy each of the above circulars is
                                 enclosed for ready reference.                      
                                      The   Authority  vide   Circular  No.         
                                 066/IRDA/F&U/Mar-08 dated 26-3-2008 issued under   
                                 File and Use Guidelines has reiterated that pending
                                 further orders the insurers shall not vary the     
                                 coverage, terms and conditions wording, warranties,
                                 clauses and endorsements in respect of covers that 
                                 were  under the  erstwhile tariffs. Further the    
                                 Authority, vide Circular No. 019/IRDA/NL/F&U/Oct-  
                                 08 dated 6-11-2008 has mandated that insurers are  
                                 not permitted to abridge the scope of standard     
                                 covers available under the erstwhile tariffs beyond
                                 the options permitted in the erstwhile tariffs. All
                                 general insurers are advised to adhere to the      
                                 aforementioned circulars and any non-compliance    
                                 with the same would be viewed seriously by the     
                                 Authority. This is issued with the approval of     
                                 competent authority.                               
                                                                       sd/-         
                                                            (Prabodh Chander)       
                                                           Executive Director.      
                                                                          ”         
                                                                 (emphasis supplied)
                  (ii)      The insurance companies were  advised to strictly       
                  comply with the Circular dated 16-11-2009 and Order dated 26-11-  
                  2009 of the High Court. It is revealed that the competent authority
                  of the IRDA had stated on 02-06-1986 that, the Tariff Advisory    
                                                    Comprehensive policy            
                  Committee had  admitted that the “                   ” is         

                                  MAC App. Nos.12 and 13 of 2024       12           
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                                  Package policy The decision would show that,      
                  presently called a “        ”.                                    
                  the earlier Circulars dated 18-03-1978 and 02-06-1986, continued  
                  to be valid and effective and all insurance companies are bound to
                  pay the compensation in respect of the liability towards an       
                                               Comprehensive/Package      ,         
                  occupant in a car, under the “                    policy”         
                  irrespective of the terms and conditions contained in the policy. 
                  The Supreme Court further noted that, in          (supra)         
                                                        Yashpal Luthra              
                  the  Delhi  High  Court  had   inter  alia observed  that         
                  “Comprehensive/Package policy” of a private car covers the        
                  occupants and where the vehicle is covered under such policy,     
                  there is no need for the MACT to go into the question whether the 
                  insurance company is liable to compensate for the occupants in a  
                  private car. In fact, in view of the Tariff Advisory Committee’s  
                  directives and those of the IRDA, such a plea was not permissible 
                  and ought not to have been raised in the said case. The Supreme   
                  Court thus clarified that, if the policy is a omprehensive/Package
                                                     “C                             
                  policy , the liability would be covered.                          
                       ”                                                            
                  9.        On the bedrock of the above pronouncement of the        
                  Supreme  Court and  taking into consideration the facts and       
                  circumstances and evidence  in the instant case, including        
                  Document-  , the  insurance policy of the vehicle, which is       
                           ‘B’                                                      
                  admittedly a                           , there is no reason       
                             “Comprehensive/Package policy”                         
                  to interfere with the impugned Judgments of the Learned MACT      
                  which are accordingly upheld, save to the extent of modifying the 
                  interest rate of 10% granted by the MACT, by reduction to 9%, for 
                  the purpose of maintaining uniformity in the interest rate, on the
                  compensation in all MAC Appeals disposed of by this Court.        
                  10.       Both Appeals are disposed of on the above terms.        

                                  MAC App. Nos.12 and 13 of 2024       13           
                             The New India Assurance Co. Ltd. vs. Sunita Pradhan    
                  11.       No order as to costs.                                   
                  12.       Copy of this Judgment be forwarded to the Learned       
                  MACT for information.                                             
                  13.       Lower Court records be remitted forthwith.              
                                                ( Meenakshi Madan Rai )             
                                                        Judge                       
                                                        10-12-2024                  
                  Approved for reporting : Yes                                      
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