Pillion rider
Srinivas.B.S.S.T
(Querist) 17 August 2008
This query is : Resolved
Can legal heirs of a person, who is a pillion rider of the vehicle, in a motor vehicle accident can claim compensation by filing a MVOP? i need some citation in this regard
Tribhuwan Pandey
(Expert) 17 August 2008
Yes, the legal heirs of a pillion rider can file a claim petition under MV Act. If the premium is paid for the pillion rider by the owner of the vehicle and the insurance is not expired then the insurance company is liable to pay compensation. If there is only third party insurance then the owner of the vehicle is liable to pay compensation.
Case law-
2008(1)Transfer and Accident Cases[TAC] 696 MP
Devi Singh Vs Vikram Singh & others
2004(3)TAC 384 AP
New India Assurance Co. Ltd. Vs R.R. Usha Rani
2004(2) TAC 626 Mad.
Natrajan Vs D. Chandra Sekaran
2003(1)TAC 233 Bom.
New India Assurance Co. Ltd. Vs Sukhdeo
Tribhuwan C. Pandey
Advocate
Tribhuwan Pandey
(Expert) 17 August 2008
Yes, the legal heirs of a pillion rider can file a claim petition under MV Act. If the premium is paid for the pillion rider by the owner of the vehicle and the insurance is not expired then the insurance company is liable to pay compensation. If there is only third party insurance then the owner of the vehicle is liable to pay compensation.
Case law-
2008(1)Transfer and Accident Cases[TAC] 696 MP
Devi Singh Vs Vikram Singh & others
2004(3)TAC 384 AP
New India Assurance Co. Ltd. Vs R.R. Usha Rani
2004(2) TAC 626 Mad.
Natrajan Vs D. Chandra Sekaran
2003(1)TAC 233 Bom.
New India Assurance Co. Ltd. Vs Sukhdeo
Tribhuwan C. Pandey
Advocate
Srinivas.B.S.S.T
(Querist) 17 August 2008
Sir the policy is comprehensive and in the liability section it was shown as total own damage premium as Rs 300, Basic third party liability 300/- and PA cover for Owner-Driver of Rs. 1,00,000/- Rs. 50/-. Does that mean that the insurance policy enables claim for the pillion rider also. As you said we can claim form the owner of the vehicle but unfortunately the owner of the vehicle is brother of the deceased. That is the problem.
Srinivas.B.S.S.T
(Querist) 17 August 2008
by the way total premium amount paid is Rs. 957-00
RAKHI BUDHIRAJA ADVOCATE
(Expert) 17 August 2008
yes, the legal heirs of a pillion rider can also file a claim petition under Motor Vehicle Act.
2004(3)TAC 384 AP
New India Assurance Co. Ltd. Vs R.R. Usha Rani
2004(2) TAC 626 Mad.
Natrajan Vs D. Chandra Sekaran
For further quarry u can contact me at:
rakhibudhiraja@gmail.com
& Mb.-9871158578 at Delhi
Srinivas.B.S.S.T
(Querist) 17 August 2008
By the details of the insurance policy given by me can you please tell me whether that covers insurance for pillion rider also or not?
K.C.Suresh
(Expert) 18 August 2008
It is the setteled law that the legal heirs of the pillion rider also can file MVCT case.
Srinivas.B.S.S.T
(Querist) 18 August 2008
I would like to know whether the policy on hand includes payment of compensation to pillion rider also or not?
Srinivas.B.S.S.T
(Querist) 18 August 2008
I would like to know whether the policy on hand includes payment of compensation to pillion rider also or not?
Srinivas.B.S.S.T
(Querist) 18 August 2008
I would like to know whether the policy on hand includes payment of compensation to pillion rider also or not?
KamalNayanSaxena
(Expert) 19 August 2008
Mr. Sriniwas
explain your case in detail, as who is the third party is concerned.
As expertised by Mr. Pandey & Ms Rakhi, it is true that legal heirs of a pillion rider can file a claim petition under Motor Vehicle Act.
Don't make yor case complicated, just put it as third party claim, since there is unlimited liability being imposed as far as the third party is concerned.
SANJEEB PADHI
(Expert) 10 October 2010
please refer 2010 (2) TAC 203 (ORISSA) as well as 2009 (1) TAC 6 (SC) for the latest
