(O&M) New India Assurance Co. Ltd. v. Juhari And ORS.
IN THE HIGH COURT OF PUNJAB AND HA RYANA AT CHANDIGARH
FAO-2610-2009 (O&M) Date of Decision : 21.05.2025 New India Assurance Co. Ltd.
....Appellant
VERSUS
Juhari and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate for the appellant. Mr. Sandeep Suri, Advocate for respondent No.9. ALKA SARIN, J. (Oral) 1.
Present appeal has been filed by the Insurance Company aggrieved by the award dated 17.11.2008 passed by the Motor Accident Claims Tribunal, Gurgaon (hereinafter referred to as the 'Tribunal') whereby liability has been fastened to the extent of 50% on both the Insurance Companies.
2.
Learned counsel for the appellant would contend that the deceased was a pillion rider of a motorcycle and the insurance policy did not cover the pillion rider and hence the liability could not have been fastened upon the appellant-Insurance Company.
3.
Per contra learned counsel for respondent No.9-Insurance Company would contend that no such plea was raised in the written statement or argued before the Tribunal. Infact, no issue was framed qua the same.
JITENDER KUMAR 2025.05.22 09:58 I attest to the accuracy and authenticity of this document Chandigarh
FAO-2610-2009 -24.
Heard.
5.
In the present case a totally new case is being made out by the appellant herein inasmuch as it has been argued that the pillion rider was not covered in the insurance policy. The said fact was neither taken as a defence in the written statement nor any issue in this regard was framed. Infact, the said argument was also not raised before the Tribunal. 6.
In view of the above, I do not find any merit in the present appeal and the same is accordingly dismissed. Pending applications, if any, also stand disposed off.
( ALKA SARIN ) 21.05.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.05.22 09:58 I attest to the accuracy and authenticity of this document Chandigarh