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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, R.SAKTHIVEL, JJ
Pula Shanmugam – Appellant
Versus
Yugender Ravellah – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. claimants' arguments on liability (Para 11) |
| 3. respondents' defense on liability (Para 12 , 13) |
| 4. court's consideration of submissions (Para 14) |
| 5. insurance coverage for pillion riders (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. appeal outcome (Para 21) |
JUDGMENT :
R.SAKTHIVEL, J.
Feeling aggrieved by the Award dated June 19, 2023 passed in M.C.O.P.No.44 of 2022 on the file of the ‘Motor Accident Claims Tribunal No.1, Special District Court, Thiruvallur’ ['Tribunal' for short], the appellants/claimants therein have preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, the parties will hereinafter be referred to as per their rank in the Motor Claim Original Petition.
PETITIONERS' CASE
3. The case of the petitioners is that on February 11, 2022 at about 07.30 p.m., the deceased - Meena was riding pillion on the first respondent’s motor cycle bearing Registration No. TN-11-AS-6975 on Nagari to Thirupathi road. The said motorcycle was driven by first respondent in a rash and negligent manner, lost his control and hit a pothole causing imbalance. Consequently, the deceased – Meena fell down and s
Insurance companies are not liable for the death of a pillion rider unless an additional premium is paid for coverage, as established under the Motor Vehicles Act.
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.
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' 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....
An 'Act only policy' under the Motor Vehicles Act does not cover the risk of gratuitous passengers, such as pillion riders, unless additional premium is paid.
Pillion rider's PA cover claim not maintainable in Motor Accident Claims Tribunal; must approach insurer directly.
Insurance liability under a 'Liability only Policy' does not extend to cover claims for injuries or deaths of gratuitous passengers, including pillion riders.
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.
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