M T BALASUBRAMANIYAM Vs. S D SARAVANAN

JUDGEMENT

(1.) The claimant is the appellant. The claimant is aggrieved by the dismissal of his claim petition by the Court below as against the Insurance Company and directing the owner of the vehicle namely the first respondent to pay the compensation amount of Rs.1,76,820/-.

(2.) In the claim petition, the claimant would contend that on 23.10.2006, one Mr. Raja was riding the motor cycle bearing Registration No. TN 37 AD AP 3903 in which the claimant was travelling as pillion rider. When the vehicle was proceeding near Idayarpalayam diverge, on Coimbatore-Palghat main Road, due to the rash and negligent driving of the driver of the motor cycle, it hit against an oncoming cyclist. In the impact, the claimant sustained severe injuries including fracture injuries. The claimant was admitted in Ganga Hospital, Coimbatore for 13 days and discharged on 06.11.2006. At the time of accident, the claimant was aged 23 years and working as Grade-II Police Constable in Coimbatore earning Rs.4,500/- per month. Therefore, for the injuries sustained in the accident, the claimant filed the claim petition claiming compensation of Rs.6,00,000/-.

(3.) The insurance company resisted the claim petition by filing a counter before the court below. According to the insurance company, the Driver of the vehicle was not holding a valid driving licence at the time of accident and therefore, they cannot be fastened with any liability to pay compensation amount to the claimant. The policy in force was a package policy and it covers only two kinds of risks namely (i) own damage and (ii) liability to third party. According to the insurance company, section Section 147 of the Motor Vehicle Act does not cover the risk of the pillion rider in the motor cycle and no additional premium has been collected under any heads to cover the risk of pillion rider in anymanner. Under those circumstances, the insurance company prayed for dismissal of the claim petition.