The incident occurred on March 24, 2011, when Siddiqullah Khan, a scrap business owner, was riding pillion on Nisammuddin’s Hero Honda bike from Kunigal. Due to the rider’s rash and negligent driving, the motorcycle fell into a ditch. Khan, grievously injured, was taken to Bengaluru and succumbed to injuries on March 26, 2011. His family, which spent Rs 1.2 lakh on his treatment and other expenses, sought Rs 15 lakh in compensation from the tribunal.

On August 24, 2017, the tribunal awarded Rs 7,27,114 with 6% interest as compensation, and National Insurance Company Limited was directed to pay. Both the insurer and Khan’s family challenged the order. The insurer argued that it was an ‘act-only policy,’ and therefore, the pillion rider, a gratuitous passenger, was not covered. Khan’s family claimed that the tribunal had not properly assessed their claim petition.

Justice CM Joshi noted that the accident occurred due to Nisammuddin’s negligence, and no other vehicle was involved. The judge emphasized that it was an ‘act-only policy’ covering the owner-cum-driver, and the policy did not explicitly mention coverage for the pillion rider or occupant. The judge pointed out that the seating capacity of the vehicle was ‘1 + 1,’ and the tribunal had incorrectly imposed liability on the insurance company based on this interpretation.

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