High Court Kerala High Court

Renjith vs Binu on 3 December, 2008

Kerala High Court
Renjith vs Binu on 3 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 262 of 2008()


1. RENJITH,S/O. JOSEPH, ANTHIKKAD VEEDU
                      ...  Petitioner

                        Vs



1. BINU,S/O. DANIAL, PONMELIL HOUSE
                       ...       Respondent

2. P.T.DANIEL,PONMELIL HOUSE

3. THE NEW INDIA ASSURANCE COMPANY

                For Petitioner  :SRI.MATHEWS K.PHILIP

                For Respondent  :SRI.P.JAYASANKAR

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

 Dated :03/12/2008

 O R D E R
                        M.N. KRISHNAN, J
                       -----------------------
                    M.A.C.A.No. 262 OF 2008
                  ---------------------------------
             Dated this the 3rd day of December, 2008


                            JUDGMENT

This appeal is preferred against the award of the Motor

Accident Claims Tribunal, Ernakulam in O.P.(MV) No.3714/1999.

The claimant, a pillion rider, sustained injuries in a road accident

and the tribunal has awarded a compensation of Rs. 20,000/-. The

tribunal exonerated the Insurance Company from the liability on the

ground that it is not an extended policy or any additional premium

is paid to cover the risk of a pillion rider. The learned counsel for

the appellant made available before me for perusal a copy of the

policy which appears to be a comprehensive policy. It is argued

that the comprehensive policy is followed by conditions especially

Section II(1)(i) which has taken the coverage of a person who is

carried in a motor vehicle other than for hire or reward. If such a

condition is available and it is the very same clause has been

considered 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], it has become necessary to

find out whether there is such a clause attached to the policy and if

M.A.C.A.No. 262/2008
-2-

such a condition is there, it is covered by the decision of this Court

as referred to above. So matter requires reconsideration and

therefore the award under challenge is set aside with respect to the

liability and the parties are permitted to produce documentary as

well as oral evidence in support of their respective contentions to

substantiate the same. The Insurance Company is directed to

produce the conditions of the policy for perusal, so that the matter

can be decided in accordance with law.

Parties are directed to appear before the tribunal on 6.1.2009.

M.N. KRISHNAN,JUDGE
vkm