(1.) This Civil Miscellaneous Appeal is filed by the appellant against the award and decree dtd. 6/7/2018 made in M.C.O.P. No.346 of 2015 on the file of the Motor Accidents Claims Tribunal (2 nd Additional District and Sessions Court), Tiruvallur at Poonamallee.
(2.) The 2nd respondent/Insurance Company in MCOP No.346 of 2015 has come out with this present Civil Miscellaneous Appeal challenging liability fastened on the appellant.
(3.) The learned counsel for the appellant contended that the Insurance Company has marked the Ex.R.1-Insurance Policy which is an Act Policy and there is no liability on the part of the Insurance Company towards claim of the pillion riders. The Act Policy does not cover the risk of death or bodily injuries to the gratuitous passengers. The liability of the Insurance Company can be determined only on the basis of premium collected and in the absence of additional premium, the Insurance Company is not liable to pay compensation. The Tribunal erred in holding that the 1st respondent is third party and failed to note that occupant of the vehicle cannot be treated as third party. Further, the Tribunal failed to take note of the Judgment reported in 2012 (2) TN MAC 637 (SC) and 2012 (2) TN MAC 650 (SC). Further, in support of his contention, he relied upon the following Judgments: