IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2071 of 2008()
1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner
Vs
1. SARAMMA, W/O MATHAI,
... Respondent
2. BABY T.M., S/O MATHAI,
For Petitioner :SRI.PMM.NAJEEB KHAN
For Respondent :SRI.SOORAJ T.ELENJICKAL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/09/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2071 OF 2008
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Dated this the 10th day of September, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1022/04.
The award was passed by the Tribunal on 2.2.07. Now the
contention the learned counsel for the insurance company
wants to canvass before me is that the claimant being a
pillion rider and as the policy issued is only an Act only policy
he is not covered by the terms of the policy and therefore
the insurance company is not liable to indemnify the insured.
It has to be borne in mind that the insurance company has
filed a written statement. It has not raised any contention
regarding its exemption from liability. Not only that the
Tribunal has referred to these factors in paragraph 10 of the
award. The Tribunal has very clearly stated that the
insurance company has admitted that there is a full coverage
policy issued to the offending vehicle. In turn the Tribunal
further held that there is no contention for the insurance
M.A.C.A. 2071 OF 2008
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company that the pillion rider is not covered. So unless and
until there is a contention to the effect regarding the
exemption of liability the Court cannot consider that question
at all and therefore I cannot find fault with the Tribunal in
arriving at a decision that the insurance company is liable to
pay the amount. Therefore the appeal lacks merit and the
same is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-