IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1780 of 2008()
1. THE UNITED INDIA INSURANCE CO.LTD.,
... Petitioner
Vs
1. SOMASUNDARAN,S/O AYYAPPAN,
... Respondent
2. PRATHEESHKUMAR, T.S., S/O SUBRAMANIAN,
For Petitioner :SRI.M.A.GEORGE
For Respondent :SRI.K.I.SAGEER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/11/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1780 OF 2008
---------------------------------
Dated this the 6th day of November, 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accident
Claims Tribunal, Thrissur in O.P.(MV) No.2119/03. The claimant, a
pillion rider, sustained injuries in a road accident and he has awarded
compensation of Rs. 70,620/-. The contention of the Insurance
Company is that no additional premium is paid and therefore it is not
liable to pay compensation. The policy issued is not an Act only policy
but a package policy. There are conditions attached to the package
policy especially under Section II(1)(i) which 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. This clause came up for
consideration before the Division Bench of this Court in the decision
reported in New India Assurance Company Ltd. v. Hydrose and
others [2008 (3) KHC 522]. In the said decision the Division Bench
held that by virtue of terms and conditions of the policy, the Insurance
Company is bound to indemnify. Therefore in the light of the said
decision the Insurance Company cannot get exonerated from the
liability.
Therefore the M.A.C.A lacks merit and dismissed.
M.N. KRISHNAN, JUDGE
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