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may 2008

Supreme Court of India · 2008-05-16

Oriental Insurance Co.Ltd vs Sudhakaran K.V.& Ors

Citation / case number
AIR 2008 SUPREME COURT 2729
Court
Supreme Court of India
Petitioner
Oriental Insurance Co.Ltd
Respondent
Sudhakaran K.V.& Ors
Bench
Lokeshwar Singh Panta, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the decision of the Kerala High Court affirming the Motor Accident Claims Tribunal's award of Rs. 1,18,900 under Section 173 of the Motor Vehicles Act, 1988. The court established that a pillion rider is covered under the insurance policy despite being a gratuitous passenger, referencing the precedent set in Oriental Insurance Co. Ltd. v. Ajay Kumar. The appeal by the insurance company was dismissed, affirming its liability to compensate for the death of the pillion rider due to negligent riding.

Oriental Insurance Co.Ltd vs Sudhakaran K.V.& Ors · Niyam