Yes, a pillion rider can claim accident compensation, but whether the insurance company is required to pay depends largely on the circumstances of the accident and the type of insurance policy.
If the pillion rider is injured or dies in an accident caused by the negligent driving of another vehicle, a compensation claim can generally be made against the person responsible for the accident and the applicable insurer.
However, when the accident is caused by the rider of the same motorcycle, insurance coverage becomes more complicated. Traditionally, the Supreme Court has held that a pillion rider is not covered under a basic “Act Only” third-party policy unless the policy specifically provides coverage or an additional premium has been paid.
At the same time, the Supreme Court has questioned this legal position and referred the issue of whether a pillion rider should be treated as a “third party” under an Act-only policy to a larger bench.) Recent court decisions have continued to apply the earlier position in cases involving Act-only policies.
Therefore, a pillion rider should check the insurance policy terms, the circumstances of the accident, who was responsible for the accident, and the available evidence before filing a claim. A claim may be pursued before the appropriate Motor Accident Claims Tribunal (MACT), depending on the facts of the case.
In short: A pillion rider can seek accident compensation, but the insurer's liability is not automatic. The outcome depends on the accident circumstances and, particularly, whether the insurance policy covers the pillion rider.
[2]: https://www.livelaw.in/pdf_upload/726-mohana-krishnan-s-v-k-balasubramaniyam-25-aug-2022-433040.pdf?utm_source=chatgpt.com "LiveLaw.in
2022 LiveLaw (SC) 726
IN THE SUPREME"
