New Delhi, Nov 14: The Supreme Court on Friday ruled
that relatives of a pillion rider or other gratuitous
passengers in a vehicle involved in road accidents are not
entitled to third party insurance claims.
In this case, the victim Ramulu was riding pillion
in a scooter belonging to Yadi Reddy in Hyderabad city on
October 8, 1996. The vehicle at that time was being driven by
Mohd Yasin.
Ramulu`s widow, son and father filed a claim petition
for compensation of Rs three lakh, but the Motor Accidents
Claims Tribunal rejected the plea on the reasoning that the
pillion rider`s claimants were not entitled to any claim as
the insurance policy only covered third parties.
However, the Andhra Pradesh High Court on an appeal took
a contrary view and directed the United Insurance Company to
pay the compensation following which the insurer filed an
appeal in the apex court.
Upholding the insurance company`s appeal, the apex court
citing its earlier ruling in the Asha Rani and a number of
other cases said a pillion rider or other gratuitous
passengers travelling in a goods vehicle are not covered under
third party insurance claims.
As such the claimants in the present case are not
entitled to compensation, the apex court bench of Arijit
Pasayat and Mukundakam Sharma observed.
Bureau Report
