First Appeal No. 1991 of 2012 Learned counsel for the appellant submits that the policy of insurance in question was 'act' only and, therefore, risk of the passengers would not be covered under the policy of insurance as per the decisions of the Apex Court in the case of United India Insurance Co. Ltd vs. Tilak Singh, reported in 2006 ACJ 1441 (SC) and United India Insurance Co. Ltd vs M. Laxmi, reported in AIR 2009 SC 626 and other such decisions, which were not properly considered by the Tribunal and the findings of the Tribunal are, therefore, contrary to record.
Considering the above , this appeal deserves consideration.
Admit.
Civil Application No. 7482 of 2012 Rule returnable on 20th August 2012.
Ad-interim relief in terms of paragraph 6(A) on the condition that decretal amount of the judgment and award impugned in this appeal be deposited before the Tribunal within four weeks from today.
(ANANT S. DAVE, J.) (swamy) Top