Legal heir of pillion rider can’t claim insurance in case of accident, says Mumbai court

Mumbai city news: Justice Phansalkar-Joshi struck down the order of the tribunal stating as Ahmed was riding pillion, “the risk of the deceased was not covered under the said policy.”

The insurer of a motorcycle is not liable to compensate the legal heir of a pillion rider, if he dies in an accident, the Bombay high court (HC) held recently.

The court was hearing a case involving, Jameel Ahmed, a Nagpur resident and a pillion rider, who died on July 8, 1997, when a jeep came crashing into his scooter.

His family approached the Motor Accident Claims Tribunal, claiming a compensation of Rs2.94 lakh on grounds he worked with the Vidarbha Petroleum and earned Rs1,600 a month.

The Motor Accident Tribunal at Nagpur accepted the family’s claim and held the insurer, National Insurance Company, liable to pay them. On August 22, 2006, the tribunal directed the insurance company to pay Rs1.45 lakh to the family.

The insurance company approached the high court.

Justice Phansalkar-Joshi struck down the order of the tribunal stating as Ahmed was riding pillion, “the risk of the deceased was not covered under the said policy.”

“There is no evidence that any higher premium (for covering persons other than third parties) was paid under the said policy,” said the judge, adding, “In such situation, appellant insurance company needs to be absolved from the liability of paying compensation amount to the claimant.”