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1 - 2 of 2 (0.18 seconds)New India Assurance Co. Ltd. vs Md. Akbar Ali And Anr. on 17 November, 2003
16. The Tribunal absolved 2nd respondent-insurer from the
liability on the ground that the pillion rider is not covered by the
policy, since no additional premium is paid. The said issue is no
more res integra in view of the judgment of this Court in
New India Assurance Co. Ltd. v. Mohammed Ali and others
(2013 (4) KLT 822). In that view of the matter, the reasoning of
the Tribunal in absolving the 2nd respondent insurer from the liability
to pay the amount of compensation awarded to the appellant
cannot be sustained. We hold that the 2nd respondent insurer is
liable to pay the compensation originally awarded by the Tribunal, if
the appellant is yet to recover it from the 1st respondent owner-
cum-driver, as well as the additional compensation awarded in this
appeal.
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