ORIENTAL INSURANCE COMPANY LTD Vs. KAMTA PRASAD SAHU

JUDGEMENT

(1.) Appeal is at the instance of the Insurer of the vehicle (motor cycle) on which the deceased was travelling as a pillion rider. Grievance is against the fixation of liability in a claim preferred by the children of the deceased arraying the other son and husband of the deceased as the rider and owner of the vehicle which was insured by the Appellant.

(2.) On 28.02.2011, the deceased namely Smt. Biso Bai, aged about 50 years was travelling on a motor-cycle bearing registration No. CG-07-LD-3608 ridden by her son/3rd Respondent and owned by her husband/4th Respondent, which admittedly was insured by the Appellant. While so, another unknown motor-cycle dashed against the former motor-cycle causing fatal head injuries to the pillion rider ultimately leading to her death. This led to the claim petition preferred before the Claims Tribunal under Section 163-A of the Motor Vehicles Act, 1988 (for short, 'the Act') arraying the rider, owner and insurer of the motor-cycle on which the deceased was travelling as a pillion rider.

(3.) The Appellant-Insurer contended before the Tribunal that the deceased was not a 'third party' in respect of the vehicle insured by them, more so, since it was being owned by her own husband and ridden by her own son; while compensation was claimed by the other two sons. Such other incidental grounds were also raised to dispute the claim.