ORIENTAL INSURANCE COMPANY LTD Vs. DEEPAK RAO

JUDGEMENT

(1.) The Appellant Oriental Insurance Company Limited impugns a judgment dated 24.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in a Petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act) preferred by the Respondents No. 1 and 2. There is twin challenge to the judgment. First, the liability towards the pillion rider is not covered by the Insurance Policy obtained by the insured; and second, the compensation awarded is more than what is provided under the Second Schedule.

(2.) It is urged that in case of a Petition under Section 163-A of the Act, the compensation has to be strictly in accordance with the second Schedule.

(3.) As far as the first contention is concerned, a perusal of the cover note placed on record of the Claims Tribunal shows that it was a comprehensive policy obtained by the insured.