High Court Kerala High Court

United India Insurance Company … vs Kuriakose V.Koran on 15 March, 2010

Kerala High Court
United India Insurance Company … vs Kuriakose V.Koran on 15 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1275 of 2008()


1. UNITED INDIA INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. KURIAKOSE V.KORAN,
                       ...       Respondent

2. RONYMON T.E., S/O. T.E.EASO,

3. KORAH K.KURIAKOSE,

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.MANSOOR.B.H.

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :15/03/2010

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 M.A.C.A. NO. 1275 OF 2008
              = = = = = = = = = = = = = = =
         Dated this the 15th day of March, 2010.

                       J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Kottayam in O.P.(MV)515/03. The

claimant a pillion rider sustained injuries in a road accident

and he is awarded a compensation of Rs.27000/- and the

insurance company was directed to pay the amount. The

vehicle was covered by a package policy. The insurance

company has come up in appeal contending for the position

that as no additional premium is paid for the coverage of a

pillion rider the insurance company is not liable to pay the

amount. Now by virtue of the clarificatory circular dated

16.11.2009 of the Insurance Regulatory and Development

Authority insurance company’s liability in respect of

passengers carried in a private vehicle and persons carried in

a two wheeler are covered under the terms and conditions of

Standard Motor Package Policy. The conditions of policy has

come up for consideration before two Division Benches of

M.A.C.A. 1275 OF 2008
-:2:-

this Court in the decisions reported in New India

Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and

Mathew v. Shaji Mathew (2009 (3) KLT 813). On a

consideration of the materials this Court held that the terms

and conditions of the policy cover the risk of a pillion rider.

Therefore by virtue of the clarificatory Circular as well as by

virtue of the decisions referred to above it has to be held

that the liability of the insurance company cannot be found

against and it is liable. So the appeal lacks merit and the

same is dismissed.

M.N. KRISHNAN, JUDGE.

ul/-