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NUPUR BHATI
United India Insurance Co. Ltd. , through its Legally Constituted Authority – Appellant
Versus
Jayantilal, s/o. Shankarlal Mochi – Respondent
JUDGMENT :
(Nupur Bhati, J.) :
1. The present misc. appeals have been filed by the appellant-Insurance Company, under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the award passed by the learned Judge, Motor Accident Claims Tribunal, Dungarpur, (‘Tribunal’) vide order dated 30.05.2012 in MAC Case No. 279/2009 and 278/2009; 12.04.2016 in MAC Case No. 18/2012 and 19/2012; and 27.04.2012 in MAC Case No. 270/2009, whereby the learned Tribunal has allowed the claim filed by the respondent-claimants and the appellant-Insurance Company has been held liable for the same.
2. The civil misc. appeals, S.B. Civil Misc. Appeal No. 1695/2016, S.B. Civil Misc. Appeal No. 1801/2012, S.B. Civil Misc. Appeal No. 1816/2012, S.B. Civil Misc. Appeal No. 1853/2012 and S.B. Civil Misc. Appeal No. 1694/2016 are being decided by this common order, however, facts of S.B. Civil Misc. Appeal No. 1853/2016 are illustratively taken for consideration.
3. Briefly stated, the facts of the case are that the husband of respondent no.1/claimant, Late Chabbilal was going with Late Sanjay Kumar, Jayantilal and Natwarlal from Dungarpur to Kherwara on 12.04.2009 on a motorcycle bearing number RJ-27- SD-34
The court established that insurance liability is contingent upon adherence to policy terms, particularly regarding vehicle use and coverage of occupants.
Act policy excludes coverage for pillion rider on two-wheeler as gratuitous passenger; LMV (NT) licence invalid for motorcycle; insurer exonerated, owner liable for compensation.
The main legal point established in the judgment is that the risk of the pillion rider cannot be covered under the 'Act Only Policy' without any extra premium.
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
Section 147 does not require an insurance company to assume risk for death or bodily injury to owner of vehicle.
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