Karnataka High Court Directs Bike Owner To Pay Compensation Amount Awarded by Tribunal to Deceased's Family, Says 'Pillion Rider Is a Gratuitous Passenger'
In 2017, the tribunal awarded Rs 7,27,114 with 6 percent interest as compensation and directed the National Insurance Company Limited to pay the compensation. However, both the insurer and Khan's family members challenged the order.
Mumbai, December 24: The Karnataka High Court recently reversed an order passed by the Motor Accident Claims Tribunal at Kunigal in the Tumakuru district while stating that a pillion rider is a gratuitous passenger and not a third party. The high court bench of Justice CM Joshi directed a man named Nisammuddin, owner of the offending vehicle, to pay the compensation amount awarded by the tribunal.
According to a report in the Times of India, the alleged incident goes back to March 24, 2011, when Siddiqullah Khan was riding pillion on Nisammuddin's two-wheeler from Kunigal. The bike met with an accident and fell into a ditch due to Nisammuddin's rash and negligent driving. Bengaluru Shocker: Youth Elopes With Minor Girl Twice, Marries Her Against Her Will During Second Elopement; Jailed for 20 Years.
Khan, who suffered grievous injuries was rushed to Bengaluru where he succumbed to his injuries on March 26, 2011. Khan's family members, who reportedly spent Rs 1.2 lakh towards his treatment and other expenses approached the tribunal seeking Rs 15 lakh as relief.
In 2017, the tribunal awarded Rs 7,27,114 with 6 percent interest as compensation and directed the National Insurance Company Limited to pay the compensation. However, both the insurer and Khan's family members challenged the order.
The insurer stated that it was an "act-only policy" and hence the pillion rider was not covered as no additional premium was collected to cover him. On the other hand, Khan's family members claimed the tribunal did not assess their claim petition properly. While announcing the verdict, Justice CM Joshi stated that the accident occurred due to Nisammuddin's negligence. Bengaluru Shocker: Karnataka Police Arrest Headmistress for Forcing Children To Clean Toilet in Government School.
"It is an ‘act-only policy’; the cover is for the owner-cum-driver and limited to Rs 1 lakh. Nowhere is it mentioned the pillion rider or the occupant is also covered under the policy," she added.
(The above story first appeared on LatestLY on Dec 24, 2023 11:59 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).