Case Note & Summary
The appeal was filed by the United India Insurance Co., Ltd. challenging the judgment and award dated 05.02.2011 passed by the II Additional District and Sessions Judge and Additional MACT, Belagavi in MVC No.3020/2007, awarding compensation of Rs.3,62,000/- with interest at 6% p.a. from the date of petition till realization. The factual matrix of the case of the claimants before the Tribunal is that the claimants invoked Section 173(1) of the Motor Vehicles Act, 1988. The court considered the liability and quantum of compensation. The court held that the policy covered the risk of a pillion rider and thus the insurer is liable. The appeal was dismissed.
Headnote
A) Motor Vehicles Act - Liability of Insurer - Pillion Rider - Section 147 of Motor Vehicles Act, 1988 - The court considered whether the insurer is liable for the death of a pillion rider. The Tribunal had awarded compensation of Rs.3,62,000/- with interest at 6% p.a. The insurer appealed challenging liability and quantum. The court held that the policy covered the risk of a pillion rider and thus the insurer is liable. (Paras 1-2)
Issue of Consideration
Whether the Insurance Company is liable to pay compensation for the death of a pillion rider when the policy covers the risk of a pillion rider?
Final Decision
Appeal dismissed. The judgment and award of the Tribunal dated 05.02.2011 in MVC No.3020/2007 is confirmed.
Law Points
- Liability of insurer for pillion rider
- quantum of compensation for death of a pillion rider
- interpretation of Section 147 of Motor Vehicles Act
- 1988
