Sunil vs Syam G.K. and Senior Divisional Manager, New India Assurance Company Ltd.

S. Siri Jagan, J.—The claimant in O.P. (M.V.). No. 675/2002 before the Motor Accidents Claims Tribunal, Attingal, is the appellant herein. The appellant suffered injuries and consequent disability on account of an accident caused by the negligent driving of a vehicle owned and driven by the 1st respondent and insured with the 2nd respondent. He filed the O.P. claiming compensation for the injuries and consequent disability suffered by him. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded a total compensation of Rs. 51,973/-. The appellant was a pillion rider in the motor vehicle, the negligent driving of which resulted in the subject accident. The Tribunal, on the aground that a pillion rider is not covered by a policy issued for satisfying the provisions of the Motor Vehicles Act, absolved the insurance company from liability and directed the 1st respondent to pay the compensation amount. The appellant has filed this appeal challenging that part of the award, whereby the insurance company has been absolved from liability. The contention of the appellant is that as is clear from M.A.C.A. 264/10 Annexure A copy of the insurance policy, the insurance policy was a comprehensive policy and, therefore, pillion rider is also liable to be covered under the policy.

We have heard the learned counsel for the insurance company also. The counsel does not dispute the fact that the policy is a comprehensive policy, if that be so, going by the decision in National Insurance Company Ltd. Vs. Balakrishnan and Another, a pillion rider in a motor cycle is also liable to be covered under a comprehensive policy. In the above circumstances, following the judgment of the Supreme Court, we vacate the finding of the Tribunal that the insurance company is entitled to be absolved from liability. Accordingly, we direct the 2nd respondent-insurance company to satisfy the award.

With the above modification of the impugned award of the Tribunal, the appeal is disposed of.