wh e re separate premium was ch a rged for covering the unpai d or gr a tuitous passengers in private p a ssenger car and pillion rider o n a motor cycle. But since under the provisions of the New Act, as dis c ussed above, due to not car r ying forward the Proviso (ii ) of Se c tion 95 (1)(b)(i) of Old Act in S ection 147(1)(b)(i) of the New A ct, ev e n the unpaid passengers in p r ivate passenger car and a pil l ion ri de r on a Motor Cycle are a l so covered within the scope of Co m pulsory Insurance required b y Section 147(1)(b)(i) of the A ct, th e refore, to cover such unpaid passengers and pillion rider, no se p arate premium is required to b e paid and hence no distinction can be made on the basis of descri p tion of policy as 'Comprehen s ive Po l icy/Package Policy' or 'Act o n ly policy'. May be, the insurance co m pany can created anothe r class of policy called as 'C o mprehensive' or 'Package Poli c y' for covering some extra risk like qu a the driver, conductor or emp l oyee of the owner, which are s till ex c luded from Compulsory Insu r ance by virtue of Proviso(i) of Se c tion 147(1)(b), by charging some extra premium. But t hat classification created by the insu r ance company cannot be ma d e a gr o und by it for avoiding liability a rising from an insured vehicle, q ua th e damages to the third party, including passengers in pri v ate pa s senger car/pillion rider on a M otor Cycle. Needless to say t hat ins u rance company can charge o n ly a single consolidated prem i um for covering all risks qua third p arty, since it is compulsory a nd co n solidated insurance for coveri n g all third party claims under the pr o visions of the Motor Vehicle s Act. Insurance company is not
