A comprehensive/package insurance policy covers the liability for a pillion rider, contrary to the tribunal's finding that treated the rider as a third party.

JUDGMENT

1. The present appeal has been filed by the owner of the vehicle aggrieved against the judgment and award dated 14.05.2009 passed by the learned Judge, Motor Accident Claims Tribunal, Bikaner in Claim case No. 160/2004 whereby, the claim-petition of the claimants was allowed and while exonerating the Insurance company the liability to pay the compensation was fastened on the present appellant.

2. Learned Tribunal after framing the issues, evaluating the evidence on record, and hearing learned counsel for the parties decided the claim petition of the claimants.

Heard.

3. Learned counsel for the appellant submits that the finding recorded by the Tribunal on Issue No.3, is erroneous as it was held that the deceased was a pillion rider of the motor-cycle bearing registration No. RJ-07-5M-4589, which was being driven by the owner of the motor-cycle Chhailu Singh. He further submits that the vehicle was insured under the comprehensive/package policy and even as per the terms and conditions of the policy, the risk of the pillion rider was covered. He, therefore, submits that treating the pillion rider to be a third party, the liability to pay compensation cannot be fastened on the appellant. He submits that as per the terms and conditions of the policy, the liability to pay the compensation was squarely fastened on the Insurance Company and in these circumstances, the finding recorded by the Tribunal on Issue No.3 is incorrect.

4. In support of his contentions, learned counsel for the appellant has relied upon the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Balakrishnan and Anr. Reported in (2013) 1 SCC 731.

5. Per contra, learned counsel for the respondent - Insurance Company submits that the finding of the Tribunal does not suffer from any infirmity as admittedly, the deceased was a pillion rider and in view of the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Company Ltd. Vs. Sudhakaran K.V. and Ors. reported in MACD 2008 (SC) 190, the pillion rider is considered to be a third party and the liability to pay the compensation in case of the injury/death suffered by the pillion rider is not covered by the insurance policy.

6. I have considered the submissions made at the Bar and have gone through the judgment and award dated 14.05.2009 as well as other relevant record of the case.

7. The terms and conditions of the policy show that the Insurance Company had undertaken to cover the death or bodily injury of any person including the occupants carried in the insured vehicle i.e. motor-cycle in the present case and, therefore, even as per the terms and conditions of the Insurance Policy, the risk of the pillion rider was covered. It is, therefore, held that the finding of Tribunal on Issue No.3 treating the pillion rider to be a third party and his risk having been not covered under the insurance cover by the insurance policy is erroneous. The Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Balakrishnan and Anr. (supra) clearly held that if the vehicle is insured under the comprehensive/package policy, the risk of the occupant of the vehicle in a four-wheeler and the pillion rider on a two-wheeler will be covered and the Insurance Company will be under an obligation to satisfy the compensation. The Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Balakrishnan and Anr. (supra) held as under:-

"24. It is extremely important to note here that till 31-12-2006 the Tariff Advisory Committee and, thereafter, from 1-1-2007 IRDA functioned as the statutory regulatory authorities and they are entitled to fix the tariff as well as the terms and conditions of the policies issued by all insurance companies. The High Court had issued notice to the Tariff Advisory Committee and IRDA to explain the factual position as regards the liability of the insurance companies in respect of an occupant in a private car under the "comprehensive/pa