IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 267 of 2009()
1. OMANA P.B., AGED 59 YEARS,
... Petitioner
Vs
1. P.V.SURESH, S/O.PONATH VELAYIKUTTY,
... Respondent
2. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SMT.JEENA JOSEPH
For Respondent :SRI.TITUS MANI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/11/2009
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.267 OF 2009
.............................................
Dated this the 18th day of November, 2009
J U D G M E N T
This is an appeal preferred by the claimant against the
award of the Claims Tribunal, Irinjalakkuda in OP(MV)
No.377/2003 whereby the Tribunal has awarded a
compensation of Rs.26.900/= and exonerated the insurance
company from the liability. Challenging the correctness of
the said finding, the appeal is preferred.
2. After perusing the award, I find that the claimant was
hospitalized thrice for a total period of 24 days and nature
of the injury is cerebral concussion. He was initially treated
for ten days as an inpatient. Subsequently again from 4.10.
2002 to 6.10.2002 and from 15.10.2002 to 23.10.2002
Certainly this would have affected her amenities and
therefore, I award an additional compensation of Rs.5,000/=
under that head.
3. The main contention raised in the appeal is
regarding exoneration of the insurance company from the
liability. The learned counsel for the insurance company in
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fairness at my request had produced a copy of the policy
with conditions of the policy. I had perused the policy and it
is very clearly seen that it is a comprehensive policy. When I
use the word comprehensive policy, I am aware that it does
not mean by itself that additional premium is paid for the
coverage of a pillion rider. But these type of comprehensive
policies are followed by the conditions and the conditions
are also made available before me. Section II(i) of the
conditions would reveal that the insurance company has
undertaken to indemnify the insured in respect of death or
bodily injury to any person conveyed in or on the motor
cycle provided, such person is not carried for hire or reward.
The very same clause came up for interpretation before a
Division Bench of this Court in New India Assurance Co.
Ltd v. Hydrose (2008 (3) KLT 778) and it was laid down in
that decision that by virtue of the conditions of the contract,
the insurance company has undertaken to wipe off the
liability and, therefore, there need not be any payment of
additional premium for the coverage of such person. In the
light of this decision and as the policy condition is contained
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in such clause, the insurance company has to be made
liable and I do so.
4. In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.5,000/= with 7% interest on the said sum from the date
of the petition till realisation. The insurance company is
made liable to pay the entire amount awarded by the
Tribunal as well as this Court and the finding exonerating
the insurance company from the liability is set aside. The
insurance company is directed to deposit the said amount
within a period of 60 days from the date of receipt of a copy
of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl