PRAKASH BAI Vs. BHERULAL

JUDGEMENT

(1.) Claimant is in appeal against the award dated 29-9-2007. By the impugned award her claim petition has been dismissed. She filed the claim petition claiming total compensation of Rs. 8,00,000/-on allegation that on 21-2-2006 she and her husband were coming to, Indore on their Motor-Cycle when an unknown Jeep dashed against their Motor-Cycle causing severe injuries to claimant and her husband. Accident was reported in the Police Station Depalpur but the Police could not trace either the owner or the driver of the offending vehicle. At the time of accident appellant was travelling as a pillion rider on her husband's Motor-Cycle which was insured with the respondent No. 2. Since the offending Vehicle was unknown, therefore, claimant preferred claim petitions under section 163-A against her husband and the insurance company of his own Motor-Cycle the respondent No. 2.

(2.) Insurance Company denied its liability to pay any amount of compensation in view of statutory provisions. It claimed that in terms of statutory policy, it was required to indemnify the owner only against the third party claims. Since appellant was travelling as pillion rider on the Motor-Cycle therefore her risk was not covered by the Act Policy.

(3.) Learned Claims Tribunal found that appellant met with an accident caused by unknown vehicle but dismissed the claim petition holding that appellant was not a third party and as such was not entitled to receive any compensation from the respondent No. 2. Insurance Company (of Motor-Cycle) because appellant was travelling on the Motor-Cycle as pillion rider and the insurance policy did not cover risk of death or bodily injury to such pillion rider. In support of this conclusion Tribunal relied upon United India Insurance Company vs. Tilak Singh, 2006 ACJ 1441.