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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
New India Assurance Company Limited – Appellant
Versus
Nanak Chand – Respondent
| Table of Content |
|---|
| 1. pillion rider died in motorcycle accident due to negligent driving. (Para 1 , 2 , 3) |
| 2. tribunal awarded compensation against insurer after parties' pleadings. (Para 4 , 5 , 6 , 7) |
| 3. insurer appeals on invalid licence and no pillion coverage. (Para 8 , 9 , 10) |
| 4. lmv licence invalid for driving motorcycle; insurer not liable. (Para 11 , 12 , 13 , 14) |
| 5. act policy excludes gratuitous pillion riders from coverage. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. high court exonerates insurer; owner liable without pay-recover. (Para 22 , 23) |
JUDGMENT :
SUSHIL KUKREJA, J.
The instant appeal is maintained by the appellant-The New Indian Assurance Company under Section 173 of the Motor Vehicles Act (for short “MV Act”), against the award dated 08.08.2013, passed by the learned Motor Accidents Claims Tribunal, Kullu, District Kullu, H.P., in Claim Petition No.37/2012, with a prayer to set aside/modify the impugned award.
2. Briefly stated the facts, giving rise to the present appeal, are that the petitioners (respondents No.1 and 2 herein) filed a claim petition under Section 166 of the Act, whereby they sought compensation to the tune of Rs.15,00,000/- on account of death of Shewe
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.
An act only policy under the Motor Vehicles Act does not cover the risk of a pillion rider, and the insurance company is not liable to pay compensation for injuries sustained by a pillion rider.
Insurance liability under a 'Liability only Policy' does not extend to cover claims for injuries or deaths of gratuitous passengers, including pillion riders.
An 'Act Only Policy' does not cover pillion riders unless additional premium is paid, and such riders cannot be treated as third parties under the insurance policy in the context of liability for acc....
The court ruled that an insurance company must substantiate the terms of an 'act only' policy; failing which, the insurer is liable to compensate for injuries including those of a pillion rider.
Point of law: It must be remarked that the claimant has not raised any issue about the finding on the point of contributory negligence and apportionment of liability between the two vehicles, to wit,....
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