High Court Kerala High Court

National Insurance Company Ltd vs Ashish T.John on 5 November, 2009

Kerala High Court
National Insurance Company Ltd vs Ashish T.John on 5 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1097 of 2009()


1. NATIONAL INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. ASHISH T.JOHN, KALAMBUKATTU HOUSE,
                       ...       Respondent

2. MARTIN JOSEPH, KOTTOOR HOUSE,

                For Petitioner  :SMT.RAJI T.BHASKAR

                For Respondent  :SRI.SOORAJ T.ELENJICKAL

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

 Dated :05/11/2009

 O R D E R
                      M.N. KRISHNAN, J.
                   ...........................................
                   M.A.C.A.No.1097 OF 2009
                  .............................................
           Dated this the 5th day of November, 2009

                         J U D G M E N T

This is an appeal preferred against the award of the

Claims Tribunal, Kottayam in OP(MV)No.2449/2004. The

claimant, a passenger in a private car, sustained injuries in

a road accident and he has been awarded a compensation of

Rs.27,000/= and the insurance company has been directed to

pay the said compensation. Aggrieved by the said decision,

the insurance company has come up in appeal challenging

the validity of such an order.

2. The claimant was a passenger in a private car and

the vehicle was covered by a package policy. No additional

premium has been paid to cover the risk of the passengers. It

is contended by the learned counsel for the insurance

company that when no premium is paid for the additional

coverage of the passengers, the principles laid in United

India Insurance Co. Ltd. v. Tilak Singh [(2006 (2) KLT

884 (SC)] may have to be applied to the passengers in a

private car for the reason that their status will be that of a

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M.A.C.A.No.1097 OF 2009

gratuitous passengers not covered by the policy. It is a

contention worth considering so far as the payment of

premium is concerned.

3. But the question whether there is a condition in the

contract of insurance between the insurer and the insured

whereby the insurer undertakes to cover the liability with

respect to death of or bodily injury of a person travelling in

a motor vehicle other than for hire or reward is incorporated

and the question whether by virtue of the terms of the

insurance contract the company is bound to pay the

compensation had come up for consideration before a

Division Bench of this Court in New India Assurance

Co.Ltd. v. Hydrose (2008 (3) KLT 778). The clause therein

”except so far as it relates to the liability under the Motor

Vehicles Act” was also considered by another Division Bench

of this Court in the decision reported in Mathew v. Shaji

Mathew (2009 (3) KLT 813). In both these cases, the

Division Benches held that by virtue of the terms and

conditions of the contract, the insurance company has

undertaken to indemnify the liability of the owner, then the

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M.A.C.A.No.1097 OF 2009

question of making payment of additional premium in such

cases is not necessary and that the insurance company

cannot get exonerated from the liability.

4. So, in the light of these two authoritative

pronouncements rendered by this Court, I have to hold that

by virtue of the terms and conditions of the policy, the

insurance company is bound to indemnify and therefore, the

direction given by the Motor Accidents Claims Tribunal to

the insurance company to pay the amount cannot be

interfered with.

Therefore, the appeal is devoid of any merit and it is

dismissed.

M.N. KRISHNAN, JUDGE

cl

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