IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1066 of 2009()
1. THE NATIONAL INSUANCE CO.LTD.,
... Petitioner
Vs
1. JIJO PAUL,S/O.PYELI,PERAPARAMBIL HOUSE,
... Respondent
2. SHIJI JOSEPH,THANNICKAL HOUSE,
3. SIBI,S/O.JOSE,VENGACHUVATTIL HOUSE,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/06/2009
O R D E R
V. RAMKUMAR , J.
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M.A.C.A. No. 1066 of 2009
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Dated this the 15th day of June, 2009.
JUDGMENT
In this appeal at the instance of the insurer in respect of a
motorcycle, the appellant challenges the award dated 14.01.2009
in O.P. (M.V.) No. 1073 of 2005 on the file of the M.A.C.T.,
Thodupuzha. The claimant was a pillion rider on the motorcycle.
Ext.B1 is the insurance policy which was a comprehensive
package policy. The Tribunal awarded a sum of Rs.41,200/- for
the injuries sustained by the claimant. His injuries consisted of:-
1.fracture of right clavicle
2. abrasions on right side of face, right side of frontal region,
left wrist and hand, nose and on both knees.
He was in the hospital for 9 days. Having regard to the injuries
sustained, the duration of treatment and the treatment expenses
etc., the award passed by the Tribunal cannot be said to be
excessive.
2. The appellant would contend that reliance placed by the
Tribunal on endorsement No.22 in Ext.B1 policy does not cover a
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claimant like a pillion rider. Of course, advertence to
endorsement No. 22 in the policy was not justified. But taking
the policy as a whole, it is a comprehensive policy which was
sufficient to cover the pillion rider. Hence, for different reasons
the conclusion reached by the Tribunal directing the appellant to
indemnify the insured is hereby endorsed. No other question
arises for consideration in this appeal. This appeal is accordingly
dismissed in limine.
Dated this the 15th day of June, 2009.
V. RAMKUMAR, JUDGE.
rv
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