NATIONAL INSURANCE CO LTD Vs. SAROJA

JUDGEMENT

(1.) THE above appeal is directed against the award dated 19. 3. 1999 made in M. C. O. P. No. 685 of 1995 on the file of the Motor Accident Claims Tribunal (Sub Court), Krishnagiri.

(2.) THE claimants are respondents 1 and 2 herein. In the accident that took place on 5. 6. 1995, one Vairavan, son of the claimants, suffered injuries while he was travelling as pillion rider on a motorcycle which collided with a lorry identity of which was not known. The victim was taking treatment and died subsequently in the hospital. The claimants claimed Rs. 2,00,000/- as compensation against the owner of the vehicle, 3rd respondent herein and the insurer, appellant herein. The Tribunal awarded a sum of Rs. 1,29,600/- against which the present appeal has been filed.

(3.) THE learned counsel for the appellants argued that in the case of pillion rider being victim, the risk is neither required to be covered under section 147 of the Motor Vehicles Act, nor covered under the Insurance Policy and hence, the order of the Tribunal fastening the liability on the appellant Insurance Corporation is not correct.