NEW INDIA ASSURANCE CO LTD Vs. JASHODA DEVI

JUDGEMENT

(1.) HEARD the counsel for the appellant insurance company, learned counsel appearing for the owner of the motor cycle as also the learned counsel appearing on behalf of the claimants and with their consent both the appeals are disposed of at the admission stage itself.

(2.) THE appellant insurance company has assailed the impugned judgment and award passed by the Motor Accidents Claims tribunal, Hazaribagh in Claim Case No. 96 of 2002 whereby the Tribunal awarded compensation for the death of the deceased who was travelling on the two-wheeler as a pillion rider.

(3.) UNDISPUTED facts in brief are that the deceased Binod Kumar Thakur along with one Mukesh Kumar Sahu was returning to their village on their motor cycle bearing no. JH 02-H 1443 and when they reached near St. Columbus College, Hazaribagh a maruti van dashed the motor cycle as a result of which both the occupants of the two-wheeler sustained injuries and pillion rider, Binod Kumar Thakur, ultimately died. Owner of the two-wheeler, on the one hand, took defence that the two-wheeler was duly insured with the insurance company and, therefore, whatever compensation was awarded, shall be payable by the insurance company. Appellant insurance company took defence that the deceased who was travelling as a pillion rider was not covered under the policy inasmuch as no additional premium was paid covering the risk of the pillion rider and, therefore, the insurance company has no liability.