Meeran vs The Managing Partner on 7 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1706 of 2006()


1. MEERAN, S/O.SIKKANDAR VAVA,
                      ...  Petitioner

                        Vs



1. THE MANAGING PARTNER,
                       ...       Respondent

2. AFSAL P.E., S/O. EBRAHIM,

3. M/S. ORIENTAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.M.P.MOHAMMED ASLAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :07/01/2008

 O R D E R
                                 J.B.KOSHY & K.HEMA, JJ.

                                   --------------------------------------

                                 M.A.C.A.No.1706 OF 2006

                                   -------------------------------------

                                    Dated 7th January, 2008


                                            JUDGMENT

Ko
shy,J.

Appellant/claimant while travelling as a second pillion rider

met with an accident. He fell down from the motor cycle when the rider

applied sudden brake. The Tribunal rejected the application for

compensation as in the motor cycle there were three persons including

the rider, the appellant was the second pillion rider and the accident

occurred due to his negligence. Being the second pillion rider, when

sudden brake was applied, he fell down. Even otherwise, pillion riders

are not covered by the insurance policy. In any event, we are of the view

that the finding of the Tribunal that the accident occurred due to the

negligence of the appellant needs no interference.

The appeal is dismissed.

J.B.KOSHY

JUDGE

K.HEMA

JUDGE

tks