YASHPAL LUTHRA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 4,53,300/ - has been awarded to the appellants against respondent No. 2 only. The appellants seek enhancement of the award amount against both the respondents. The accident dated 24th February, 2006 resulted in the death of Vinod Luthra. The deceased was survived by his widow and parents who filed the claim petition before the learned Tribunal.

(2.) ON 24th February, 2006 at about 9.30 p.m. the deceased was returning home on motorcycle bearing No. DL -7SAU -2074 being driven by his friend. The deceased was sitting on the pillion of the said motorcycle. At Ahuja Park red light near Lodhi Road Complex, the aforesaid motorcycle was hit by an unknown vehicle, due to which the deceased fell down and suffered fetal injuries.

(3.) RESPONDENT No. 1 contested the claim petition before the learned Tribunal on the ground that respondent No. 1 has not covered the risk of a pillion rider on the two -wheeler. The learned Tribunal accepted the plea of respondent No. 1 and exonerated respondent No. 1 from the liability. The learned Tribunal passed the award of Rs. 4,53,300/ - against respondent No. 2 only.