VEERAKUMAR Vs. MANOHAR

JUDGEMENT

(1.) Even in respect of comprehensive insurance policy, whether the insurance company can dispute its liability to pay compensation to a pillion rider on the ground that no additional premium has been paid covering his risk, is the issue to be decided in this appeal.

(2.) The appeal has been filed by the pillion rider/claimant challenging the finding of the Tribunal on liability and compensation.

(3.) The appellant had been riding as a pillion rider in the vehicle belonging to the first respondent who was the owner cum driver of the vehicle bearing registration No.TN49-M 0277. The vehicle was driven in a rash and negligent manner and hit against one Jayakumar, who was a pedestrian. In the same accident the appellant also sustained injuries. He took treatment at Pattukottai Private Hospital. Alleging that he sustained permanent disability and consequential loss of earning capacity, the appellant filed petition claiming a sum of Rs.5,00,000/- as compensation.