IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2343 of 2007()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. E.K.SHAJU, S/O. KANDANKUTTY,
... Respondent
2. SAJI K.J., S/O. JOHN K.J.,
3. MR. V.R.SIVAN,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.SHEJI P.ABRAHAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/12/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 2343 OF 2007
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Dated this the 1st day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accident
Claims Tribunal, Thrissur in O.P.(MV) No. 769/2001. The claimant
sustained injuries in a road accident and the tribunal awarded a
compensation of Rs. 22,900/- and directed the Insurance Company to
pay the amount. It was contended by the Insurance Company that the
claimant being a pillion rider is not covered by the policy and therefore
in the light of the decision reported in United India Insurance Co.
Ltd. v. Tilak Singh [2006 (2) KLT 884], the Insurance Company is
not bound to pay the amount. Admittedly the policy is a
comprehensive policy. The conditions of comprehensive policy namely
Section II(1)(i) states that the Insurance Company is bound to
indemnify the risk of a person who is carried in a motor vehicle other
than for hire or reward. So in the light of the said decision as well as
on the basis of the and conditions of the policy, I find that the
Insurance Company is bound to indemnify.
Therefore appeal lacks merit and accordingly dismissed.
M.N. KRISHNAN,JUDGE
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