CHENNAI: The family of a man who died while riding another person’s bike is liable to get insurance amount under personal accident cover included in the insurance policy of the motorbike, the Motor Accidents Claims Tribunal in Chennai has ruled.
The tribunal rejected the insurance company’s averment that the claim should be rejected since the deceased was not the owner, paid driver or employee of the vehicle’s owner and hence not covered under the insurance policy.
The case pertains to the death of B Umashankar, a resident of Madambakkam on Chennai’s outskirts, in a road accident. He was riding a high-end motorcycle owned by Karthick Murali on September 18, 2021 when he lost his balance and fell down after braking to avoid hitting a stray dog on Ambur-Vellore highway.
He succumbed to the injuries sustained in the fall.
In her petition before the tribunal, Umashankar’s wife said the bike he was riding was contractually covered for Rs 15 lakh under the personal accident cover of motor policy issued by the insurance firm and hence the family was liable to get the compensation.
However, the insurance firm said the coverage was for the insurer, Karthick Murali, the owner of the bike and that Umashankar’s family had no locus standi to make the claim. “The deceased had borrowed it from the owner and was neither a paid driver or his employee,” the firm argued.
Relying on judgments of the Madras High Court, the tribunal said the person who rides the vehicle “steps into the shoes of the owner”. Citing other judgments, the tribunal also pointed out that in case of death of the owner, driver or borrower of the vehicle in an accident, they would be entitled to compensation under insurance policy.
The tribunal also highlighted the relevant sections of the policy which indicated that the limits of liability in the personal accident policy would cover the driver cum owner for `15 lakh. Based on this, the tribunal directed that the compensation be given to the wife of the deceased and his two children.