NATIONAL INSURANCE CO.LTD. Vs. U.A.FAREED

JUDGEMENT

(1.) THIS appeal arises from the award dated 9.8.2012 in O.P. (MV) No. 234 of 2009 of the Motor Accidents Claims Tribunal Kasaragod. On 23.3.2009 while the first respondent was riding on the pillion of a motor cycle which the second respondent was riding, he sustained injuries due to its overturning. The Tribunal fixed compensation payable to the first respondent as Rs.44,700/- with interest held respondents 1 and 2 and the appellant liable and directed the appellant to deposit the said amount in the Tribunal. The appellant is aggrieved and has preferred this appeal.

(2.) ACCORDING to the appellant, the vehicle involved was covered by an Act only policy which does not cover liability to a pillion rider. It is contended that the appellant has not received any additional premium to cover the pillion rider, nor is it a package or 'B' policy. Hence, the appellant is not liable.

(3.) NOTICE of the appeal and I.A.No.3004 of 2012 are given to the respondents 2 and 3 but they remain absent.