Sunday, November 16, 2008

Pillion rider's death are not entitled to third party insurance claims- SC

The Supreme Court has ruled that relatives of a pillion rider or other gratuitous passengers in a vehicle involved in road accidents are not entitled to third party insurance claims.

In this case, the victim Ramulu was riding pillion in a scooter belonging to Yadi Reddy in Hyderabad city on October 8, 1996. The vehicle at that time was being driven by Mohd Yasin.

Ramulu's widow, son and father filed a claim petition for compensation of Rs three lakh, but the Motor Accidents Claims Tribunal rejected the plea on the reasoning that the pillion rider's claimants were not entitled to any claim as the insurance policy only covered third parties.

However, the Andhra Pradesh High Court on an appeal took a contrary view and directed the United Insurance Company to pay the compensation following which the insurer filed an appeal in the apex court.

Upholding the insurance company's appeal, the apex court citing its earlier ruling in the Asha Rani and a number of other cases said a pillion rider or other gratuitous passengers traveling in a goods vehicle are not covered under third party insurance claims.

As such the claimants in the present case are not entitled to compensation, the apex court bench of Arijit Pasayat and Mukundakam Sharma observed.

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