Ashok Kumar Joshi, J.

1. This appeal under Section 173 of the Motor Vehicle Act 1988 has been preferred by the claimant mainly against the award dated 2/7/2009 passed by Sixth A.M.A.C.T., Jabalpur in M.V.C. No.126/2006 being aggrieved by the inadequacy of the compensation awarded by the tribunal and also exonerating the insurance company from the liability despite the fact that there was valid policy coverage in respect of the vehicle involved and further that the same was a package policy subsequently renamed as Standard Motor Package Policy covering the risk of pillion rider as well. The tribunal exonerated the insurance company by placing reliance on the decision rendered by the Supreme Court in the case of Oriental Insurance Co. Ltd. v. Sudhakaran K.M. and others [(2008) (3) T.A.C. 1] to the effect that pillion rider is not covered under the clause of third party.

2. On the date of accident, i.e. 2/7/2009, the petitioner was travelling as a pillion rider on a motorcycle bearing registration no. MP20KB3392 driven by respondent no.1 Dayaram, when above mentioned motorcycle collided with an another motorcycle due to rash and negligent driving by respondent no.1 Dayaram and