- (1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 21.6.2011 passed by Judge, Motor Accident Claims Tribunal, Pratapgarh in M.A.C. Case 100/2008, vide which, the insurance Company has been exonerated from its liability to pay the compensation.
(2.) The only argument raised by learned counsel for the appellants is that the Tribunal committed serious error in deciding issue No. 4, i.e. whether a pillion rider is covered by the policy or not, in favour of the insurance Company and against the non-claimants. The motor vehicle was insured with the insurance Company. The Insurance Company is liable to pay the compensation to the pillion rider. However, the Tribunal did not consider this aspect in its right perspective. Reliance is placed on the judgment of this Court rendered in the case of Nritya Gopal & Anr. v. Patasi Devi & Ors.,2011 RAR 52 .
(3.) While relying on the judgment of Hon'ble the Apex Court in the case of Yashpal Luthra & Anr. v. United India Insurance Co. Ltd. & Anr., 2010 3 ACC 130, this Court in Nritya Gopal's case held in para 4 as tinder: "4. It is further submitted by the learned counsel that in the matter of Yashpal Luthra & Anr. v. United India Insurance Co. Ltd. & Anr., 2010 3 ACC 130, the officer on special duty of IRDA appeared before the Delhi High Court and deposed that all Insurance Companies are liable in respect of occupants in a private car w.e.f. 25.3.1977 and in respect of pillion driver on two wheeler w.e.f. 2.6.1986 under the comprehensive/ package policy. That apart, on 16.11.2009, IRDA has issued a circular to Chief Executive officers of all insurance Companies restating that the insured's liability in respect of occupants carried in a private car and pillion driver carrying, on two wheeler is covered under the Standard Motor Package Policy. It is submitted that at the meeting of the insurer, after due deliberation, it has been agreed upon by the insurance Companies to discharge the liability in respect of the occupants in a private car and pillion driver on a two wheeler under Comprehensive/ Package Policy and therefore, the order impugned passed by the learned Tribunal to the extent it exonerates the Insurance Company from the liability deserves to be set aside.";