UTTAM DAS Vs. UMAKANTA DAS

JUDGEMENT

(1.) It is not indispute that the policy purchased by the present appellant/owner of the vehicle involved in the accident was only with regard to one person and certainly not the pillion rider. The tribunal fastened the liability upon the owner on the ground that no valid insurance policy was placed on record.

(2.) Independent of such findings, this Court in the interest of justice, allowed the appellant/owner to place on record the policy, which undisputedly does not cover the pillion rider. The premium paid for purchase of the policy was only with regard to one person.

(3.) Undisputedly, in this case, neither the owner nor the claimant was driving the vehicle (two-wheeler) at the time of the accident. The pillion rider who unfortunately died in the very same accident, as a result of the injuries so sustained therein, was the son of the claimant.