CHHAILU SINGH Vs. ABHAY KANWAR

JUDGEMENT

(1.) The present appeal has been filed by the owner of the vehicle aggrieved against the judgment and award dtd. 14/5/2009 passed by the learned Judge, Motor Accident Claims Tribunal, Bikaner in Claim case No. 160/2004 whereby, the claim-petition of the claimants was allowed and while exonerating the Insurance company the liability to pay the compensation was fastened on the present appellant.

(2.) Learned Tribunal after framing the issues, evaluating the evidence on record, and hearing learned counsel for the parties decided the claim petition of the claimants. Heard.

(3.) Learned counsel for the appellant submits that the finding recorded by the Tribunal on Issue No.3, is erroneous as it was held that the deceased was a pillion rider of the motor-cycle bearing registration No. RJ-07-5M-4589, which was being driven by the owner of the motor-cycle Chhailu Singh. He further submits that the vehicle was insured under the comprehensive/package policy and even as per the terms and conditions of the policy, the risk of the pillion rider was covered. He, therefore, submits that treating the pillion rider to be a third party, the liability to pay compensation cannot be fastened on the appellant. He submits that as per the terms and conditions of the policy, the liability to pay the compensation was squarely fastened on the Insurance Company and in these circumstances, the finding recorded by the Tribunal on Issue No.3 is incorrect.