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N. ANAND VENKATESH
ICICI LOMBARD General Insurance Co. Ltd. – Appellant
Versus
Junaitha Begum – Respondent
Understood. Please provide the legal document content (inside
JUDGMENT :
(N. Anand Venkatesh, J.) :
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 23.12.2022 made in M.C.O.P.No.378 of 2019 on the file of the Motor Accident Claims Tribunal, Tiruvallur at Poonamallee, III Additional District & Sessions Court, Poonamallee.)
The Insurance Company has filed the present appeal against the award passed by the Motor Accident Claims Tribunal, Tiruvallur at Poonamallee, III Additional District & Sessions Court, Poonamallee, in M.C.O.P.No.378 of 2019 dated 23.12.2022.
2. The present appeal raises an interesting question on the interpretation of the Insurance Policy under which compensation has been claimed and to determine as to whether it is an Act only policy or a Comprehensive/Package policy. If the facts of the case falls within the scope of the former, the Insurance Company will not be liable to pay the compensation and on the other hand, if it falls within the scope of the latter, the Insurance Company will be liable to pay the compensation to the claimants.
3. The claimants are the parents of the deceased HajaNajubudeen. The deceased who was aged about 22 years w
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.
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.
An Act Only Policy does not cover co-passengers unless additional premium is paid, and contributory negligence applies in accidents involving parked vehicles.
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.
Motor Accident – Liability of Insurance Company - When vehicle is insured by Company, insurer is liable to pay compensation in case of "comprehensive/package policy" but not in case of "Act policy".
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