NATIONAL INSURANCE COMPANY LIMITED Vs. SHYAMALI GUHATHAKURTA

JUDGEMENT

(1.) THIS appeal is at the instance of an Insurance Company and is directed against the award dated 31st January, 2006 passed by the learned Judge, Motor accident Claims Tribunal, 1st Court, Alipore in M. A. C. Case No. 174 of 2004 awarding a sum of Rs. 2,50,000/- in favour of the claimants.

(2.) BEING dissatisfied, the Insurance Company has come up with the present appeal. A pure question of law has arisen for determination in this appeal arising out of a proceeding under Section 166 of the Motor Vehicles Act. There is no dispute that the victim was a pillion rider on a Bajaj Pulsar Motorbike, owned by the insured, and the same was insured with the appellant based on the statutory third-party-risk coverage. According to the claimant, due to rash and negligent manner of driving by the driver of the said Motorbike, the victim had fallen down from the said Motorbike and died. In this case, no other vehicle is involved.

(3.) ACCORDING to Mr. Singh, the learned advocate appearing on behalf of the appellant, the victim, being a pillion rider on a Motorbike and no other vehicle being involved, was not entitled to get compensation from the Insurance company as no extra payment was charged by the Insurance Company for the purpose of taking responsibility of compensation in respect of the pillion rider beyond the statutory liability of third-party-risk.