Claim cannot be refused in case of death to pillion rider

The Delhi high court today said an insurance company cannot refuse the claim of compensation in case of death or injury of a pillion rider in a road accident.

Justice JR Midha said that comprehensive insurance policy of a vehicle not only covers the driver of a vehicle but also its other occupants who are hurt or who die in a road accident.

"It is clear that the comprehensive / package policy of a two-wheeler covers a pillion rider and the comprehensive / package policy of a car covers the occupants," the court said.

The court set aside the order of a Motor Accident Claim Tribunal saying there is no question of going into the fact, whether the insurance company is liable to compensate for the death or the injury of a pillion rider of a two-wheeler or the occupants of a private car.

"In view of directives of the TAC (Tariff Advisory Committee) and those of the IRDA (Insurance Regulatory and Development Authority), such a plea (relating to pillion rider and occupants of the car) was not permissible and ought not to have been raised," it said.