NEW INDIA ASSURANCE CO. LTD Vs. S. PONNUTHAI

JUDGEMENT

(1.) The present Appeal has been filed by the Insurance Company challenging the Award passed by the Motor Accident Claims Tribunal in M.C.O.P. No.178 of 2016 primarily on the ground of liability.

(2.) According to the Claimants, the deceased was travelling as a Pillion Rider 19/7/2016 in a Two-wheeler owned by the First Respondent. While he was nearing Virudhunagar-Dindigul Four way, the Rider of the First Respondent lost his control and dashed against the road side wall. Due to the said impact, the deceased was thrown away and he died on the spot. The vehicle was insured with the Second Respondent. The Claimants have prayed for a sum of Rs.7,00,000.00 towards Compensation.

(3.) The Owner of the Two-wheeler had remained ex parte and the Insurer had filed a Counter contending that the Policy for the said Two-wheeler is only a Liability Policy and therefore, it does not cover a Pillion Rider.