NEW INDIA ASSURANCE CO. LTD. Vs. P. THOMAS

JUDGEMENT

(1.) In the case of an award passed under Section 163A of the Motor Vehicles Act in respect of injuries sustained to a pillion rider of a motor bike as a gratuitous passenger, whether the insurer who had issued a normal 'act only policy' without obtaining any extra premium for coverage of the pillion rider, be mulcted with the liability to compensate the pillion rider who sustained injury out of the use of such motor cycle or to indemnify the registered owner of the said motor bike, is the short question that comes up for consideration here.

(2.) The petitioner in O.P.(MV) No.1150/2003 of the Motor Accidents Claims Tribunal, Neyyattinkara while travelling as a pillion rider by a motor bike sustained injuries out of the use of a motor bike. He preferred a claim initially under Section 166 which was later amended as one under Section 163A of the Motor Vehicles Act. The Tribunal has passed an award granting an amount of 39,800/- with interest as compensation to the petitioner and ordered the appellant herein, who was the 2nd respondent in the OP, to pay the said amount. The insurer has come up in appeal.

(3.) Heard the learned counsel for the appellant Sri.V.P.K. Panicker and learned counsel for the 2nd respondent Sri.R.T.Pradeep.