ORIENTAL INSURANCE CO.LTD. Vs. JOSEPH V.V.

JUDGEMENT

(1.) This appeal is by way of reference before us by order dated 24.08.2009. It reads as under:

(2.) The deceased was not the paid employee of the insured. As a matter of fact, two vehicles involved in the accident i. e. , the motor cycle manned by the deceased Shine and also another vehicle. But the details of the other vehicle are not placed before us. According to the claimants, they could not secure the details of the other vehicle, which collided with the motor cycle in question. Therefore, we have to consider the question, whether insurance company would be liable to pay compensation by indemnifying the owner of the motor cycle in question. In order to understand the liability i. e. , under what circumstances the owner would be liable to pay compensation and under the insurer would be liable to indemnify the insured, one has to refer S. 149 of the Motor Vehicles Act and the terms and conditions of the policy, especially Section II - Liability to third parties. It is not in dispute that the deceased was the rider of the vehicle, but he was neither an insured nor a paid driver under the insured. In that situation can he be termed as a third party

(3.) Section 149 of the Motor Vehicles reads as follows: