Case Note & Summary
The case arises from a motor accident claim petition filed by the legal representatives of a deceased pillion rider. The deceased was riding as a pillion on a scooter driven by Pradeep Dattu Gaonkar when a Maruti car driven by Baburao Yehswant Kerkar collided with the scooter, causing fatal injuries. The claimants sought compensation from the owner and driver of the scooter, the owner and driver of the car, and the respective insurance companies. The Motor Accident Claims Tribunal at Mapusa awarded compensation, holding the insurer of the scooter liable. The insurer appealed, contending that the policy did not cover the risk of a pillion rider. The High Court of Bombay at Goa allowed the appeal, holding that the insurance policy specifically excluded liability for pillion riders and therefore the insurer was not liable to indemnify the owner. The court apportioned liability between the owner of the scooter and the driver of the car, but exonerated the insurer.
Headnote
A) Motor Accident Claims - Insurance Policy - Pillion Rider - Exclusion Clause - The issue was whether the insurer was liable for the death of a pillion rider on a scooter when the policy did not cover the risk of a pillion rider. The court held that the policy specifically excluded liability for pillion riders and therefore the insurer was not liable to indemnify the owner. (Paras 1-10) B) Motor Vehicles Act, 1988 - Section 147 - Third Party Insurance - Scope of Coverage - The court examined the scope of third party insurance under Section 147 of the Motor Vehicles Act, 1988 and held that a pillion rider is not a third party covered under the policy unless specifically included. (Paras 5-8) C) Motor Accident Claims - Apportionment of Liability - The court held that the owner of the scooter and the driver were jointly and severally liable to pay compensation to the claimants, but the insurer was not liable due to the exclusion clause. (Paras 9-10)
Issue of Consideration
Whether the insurer is liable to indemnify the owner of the scooter for the death of a pillion rider when the insurance policy does not cover the risk of a pillion rider?
Final Decision
The appeal was allowed. The judgment and award of the Motor Accident Claims Tribunal was set aside insofar as it held the appellant liable. The liability of the appellant was exonerated. The owner and driver of the scooter were held jointly and severally liable to pay compensation.
Law Points
- Motor Accident Claims
- Insurance Policy Exclusion
- Pillion Rider
- Third Party Insurance
- Liability of Insurer
- Section 147 of Motor Vehicles Act
- 1988
