Case Note & Summary
The case arises from a motor accident claim. On 22.09.2002, the deceased Prashant was travelling as a pillion rider on a motor cycle bearing No.MH-24/N-2235 from Morshi to Vishanora at about 11.30 p.m. The offending vehicle was insured by the appellant, United India Insurance Co. Ltd. The respondent no. 1, Dilip Kohale, was driving the vehicle in high speed, rashly and negligently, causing an accident. The deceased was admitted to General Hospital, Amravati, and later shifted to Dr. Gautam Darda's hospital at Nagpur, where he died during treatment. The legal representatives of the deceased filed a claim petition before the Motor Accident Claim Tribunal, Amravati, claiming compensation of Rs.2,50,000/-. The owner and driver filed a written statement at Exh. 19, and the insurance company resisted the claim by filing a written statement at Exh. 17. Issues were framed at Exh. 20. The claimants adduced evidence, and the insurance company examined Advocate Amol Kaloti as an Investigator. After hearing both sides, the Claim Tribunal partly allowed the claim and granted compensation of Rs.1,65,000/- inclusive of No Fault Liability with interest at 7.5% p.a. from the date of petition i.e. 09.06.2003. The insurance company appealed, arguing that the risk of a pillion rider is not covered in the Insurance Policy. The claimants' counsel pointed out that the policy was comprehensive and relied on the Supreme Court judgment in National Insurance Co. Ltd. Vs. Balakrishnan and another, 2013 ACJ 199. The High Court held that a comprehensive policy covers the risk of a pillion rider and dismissed the appeal, upholding the Tribunal's award.
Headnote
A) Motor Accident Claims - Insurance Policy - Comprehensive Policy - Pillion Rider Coverage - Motor Vehicles Act, 1988 - The issue was whether a pillion rider on a motor cycle is covered under a comprehensive insurance policy. The court held that a comprehensive policy covers the risk of a pillion rider, relying on the Supreme Court judgment in National Insurance Co. Ltd. Vs. Balakrishnan and another, 2013 ACJ 199. The appeal by the insurance company was dismissed. (Paras 4-6)
Issue of Consideration
Whether the risk of a pillion rider is covered under a comprehensive insurance policy for a motor cycle.
Final Decision
Appeal dismissed. The award of the Claim Tribunal granting compensation of Rs.1,65,000/- with interest at 7.5% p.a. is upheld.
Law Points
- Comprehensive insurance policy covers risk of pillion rider
- Insurance company liable to pay compensation
- Motor Accident Claims Tribunal award upheld
