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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
New India Assurance Company Ltd. – Appellant
Versus
Most. Rupali Devi – Respondent
Jitendra Kumar, J.—The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred against the judgment/award dated 25.04.2017 passed by learned District Judge-cum-Chairman, M.A.C.T, Purnea in Claim Case No. 4 of 2016, whereby learned Tribunal has directed the Appellant, Insurance Company to pay compensation of Rs. 26,45,836/- to the Claimants who are Respondent nos. 1 to 5 herein along with the interest @ 8 per cent per annum.
2. The factual background of the case is that the claim case bearing No. 4 of 2016/C.I.S. No. 4 of 2016 was filed against the two persons, Anil Kumar (O.P. No.1)/owner of the vehicle and New India Assurance Company Limited/O.P. No.2/insurer of the offending vehicle, by the Claimants (Respondent nos. 1 to 5 herein) for compensation, arising out of death of one Dharmendra Kumar, son of Rash Mohan Mishra, who is the Respondent No.5 herein.
3. As per the averment made in the claim petition, the son of the informant, Dharmendra Kumar met with an accident involving an Indica car bearing registration no. BR- 11R/3303 near cold storage situated in Sadar Muffasil police station in Purnea district, Bihar. On account of the injury sustaine
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
The insurer's liability is limited to the terms of the insurance policy, which does not cover the owner's death while riding their own motorcycle unless additional premium was paid.
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