Sunday, May 18, 2008

Pillion rider not entitled to third party claim,rules supreme court

A Pillion rider who dies or gets injured in a road accident is not entitled to third party insurance claim,the Supreme Court has said.If a vechicle is covered only by a third party insurance,neither yhe owner nor the passengers are covered,unless the contract of insurance is specific that it would cover others too,a bench of justices S.B.Sinha andL.S.Panta said.The bench passed the ruling while quashing the Rs1.18 lakh compensation awarded by the Motor Accidents Claims Tribunal(MACT) in Kerala to the kin of a woman pillion rider who died after falling from the scooter on which she was travelling.The Kerala High Court also upheld the MACT's decision following which Oriental Insurance Company filed the appeal in the Apex Court.Upholding the insurance company's plea,the apex court said that in terms of Section147 of the MV Act,only in regard to reimbursement of the claim to a third party.

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