JUDGMENT : Alok Kumar Verma, J. The proposed Appeal has been filed by the appellants-claimants against the Award dated 30.10.2021, passed by learned Motor Accident Claims Tribunal / Additional District Judge, Bageshwar in Motor Accident Claim Petition No.10 of 2020, “Smt. Geeta Devi and Another Vs. Manager, United India Insurance Company Ltd. and Others”. 2. The case of the appellants-claimants is that Mohan Singh Nagarkoti, the husband of the appellant no.1-claimant no.1 and father of the appellant no.2-claimant no.2, was the registered owner of the vehicle Bolero bearing registration no. UK02-A-5849. On 24.07.2020, he had gone to Ranibagh, Haldwani in the said vehicle to attend a funeral. He was returning in the said vehicle. Dhirendra Singh Nagarkoti and Hira Prakash Nagarkoti of his community were also sitting in the said vehicle. At around 9:30 p.m., suddenly stray animals came near Kartiya bridge on Almora-Haldwani motor road. The driver of a truck was driving the said truck rashly and negligently, which was coming from the opposite direction. While avoiding the said truck and trying to save the animals, the said Bolero fell into a deep ditch. In this accident, all three persons sitting in the Bolero vehicle died on the spot. The deceased Mohan Singh Nagarkoti was 55 years old at the time of the accident. He retired from the Indian Army with the rank of Hawaldar. He was getting pension of Rs. 28,882/-. His total monthly income was Rs.38,882/-. 3. The respondent no.1-opposite party United India Insurance Company Limited had filed its written statement before the Tribunal. 4. The Tribunal framed the issues. 5. The appellant-claimant Smt. Geeta Devi (PW1) examined herself before the Tribunal. Oral evidence has not been adduced by the Insurance Company. The claimants had filed the relevant documents including the documents of Bolero vehicle and driving license of the deceased. All the documents and driving license of the deceased were valid at the time of the accident. The Tribunal has dismissed the Claim Petition on the ground that the Claim Petition is not maintainable. 6. Heard Mr. Vikramaditya Shah, learned counsel for the appellants-claimants and Mr. Naresh Pant (through video conferencing), learned counsel for the Insurance Company. 7. On 27.08.2024, Mr. Naresh Pant, Advocate appearing for the Insurance Company, submitted that the case of the claimants is covered only by Personal Accident Insurance Policy, but such a plea was never raised before the Tribunal. 8. Heard Mr. Vikramaditya Shah, learned counsel for the appellants-claimants and Mr. Naresh Pant (through video conferencing), learned counsel for the Insurance Company. 7. On 27.08.2024, Mr. Naresh Pant, Advocate appearing for the Insurance Company, submitted that the case of the claimants is covered only by Personal Accident Insurance Policy, but such a plea was never raised before the Tribunal. 8. A supplementary affidavit of the appellant no.1-Smt. Geeta Devi dated 29.08.2024 has been filed. 9. It has been stated in the said affidavit that before the Lok Adalat, the counsel for the Insurance Company showed a copy of the Insurance Policy and according to the said policy, in case of personal accident, the owner of the vehicle is entitled to a sum of Rs.15,00,000/-. 10. Mr. Vikramaditya Shah, Advocate, submitted that the appellants-claimants are entitled to Rs. 15,00,000/- under personal accident cover, and, therefore, the appellants are not pressing any other relief apart from personal accident cover. 11. It is specifically held by the Hon’ble Supreme Court in the case of National Insurance Company Limited Vs. Ashalata Bhowmik, (2018) 9 SCC 801 that the parties shall be governed by the terms and conditions of the contract of insurance. 12. As per the contract of insurance, in case of personal accident, the owner of the vehicle is entitled to a sum of Rs.15,00,000/-. Therefore, the claimants shall be entitled to Rs.15,00,000/- (Rupees Fifteen Lakh) as per the terms of the contract of insurance. 13. In view of the above, the present Appeal is allowed to the aforesaid extent and it is held that the claimants are entitled to a sum of Rs.15,00,000/- (Rupees Fifteen Lakh). The Insurance Company, the respondent no.1, is directed to deposit Rs. 15,00,000/- (Rupees Fifteen Lakh) before the Tribunal within six weeks from today. 14. Out of the said amount, the appellant no.2-claimant Mr. Pradeep Singh Nagarkoti, the son of the deceased, will be entitled to Rs.5,00,000/- (Rupees Five Lakh). Remaining amount shall be given to the appellant no.1-claimant Smt. Geeta Devi, the wife of the deceased Mohan Singh Nagarkoti. It is further directed that out of the said amount of Rs.10,00,000/- (Rupees Ten Lakh), Rs. 5,00,000/- (Rupees Five Lakh) will be deposited as fixed deposit in any nationalized bank for three years in the name of the appellant no.1-claimant Smt. Geeta Devi.