BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. HIRAUDAS MANIKPURI

JUDGEMENT

(1.) THE appellant insurer is aggrieved by the award dated 26. 6. 2006 passed by Eleventh Additional Motor Accidents Claims Tribunal (F. T. C.), Raipur in Claim Case No. 93 of 2006 whereby in an injury case compensation of Rs. 14,000 has been awarded to the claimants against the insurer.

(2.) BRIEF facts are that on 19. 2. 2005 at 6. 30 p. m. respondent No. 1 was travelling as a pillion rider on motor cycle No. CG 04-CJ 8793 (henceforth 'the motorcycle')driven by one Santuram Jangde, owned by respondent No. 2, Santosh Kumar and insured by the appellant. Santuram Jangde died in the accident. Hiraudas Manikpuri, respondent No. 1, sustained injuries. No premium was paid by respondent No. 2 for covering the risk of pillion rider. The Tribunal awarded compensation of Rs. 14,000 against the appellant insurer.

(3.) THE sole ground urged by Mr. Sachin singh Rajput, learned counsel for appellant insurer is that the claimant (respondent No. 1) was a pillion rider on the motor cycle and no extra premium was paid by the owner of the vehicle to cover the risk of pillion rider. He also placed reliance on a decision rendered by the Supreme Court of india in Oriental Insurance Co. Ltd. v. Sudhakaran K. V. , 2008 ACJ 2045 (SC), in support of the argument. Learned counsel also submitted that the entire compensation awarded by Tribunal has been deposited by the insurer and, therefore, prayed that right to recover the compensation deposited in the Tribunal by the insurer be given to the appellant.