High Court Kerala High Court

The United India Insurance … vs Sukumaran Nair on 5 December, 2008

Kerala High Court
The United India Insurance … vs Sukumaran Nair on 5 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1537 of 2008()


1. THE UNITED INDIA INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. SUKUMARAN NAIR,
                       ...       Respondent

2. THOMAS,

3. FR. ANTO MAMPALLY,

                For Petitioner  :SMT.RAJI T.BHASKAR

                For Respondent  :SRI.JOSE JOSEPH (MANNAR)

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

 Dated :05/12/2008

 O R D E R
                             M.N.KRISHNAN, J
                        =====================
                          MACA No.1537 OF 2008
                        =====================

                Dated this the 5th day of December 2008

                                 JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Kottayam in O.P.(MV)No.1779 of 2004. The claimant, a

pillion rider sustained injuries in a road accident. The Tribunal awarded a

compensation of Rs.22,000/- to the claimant. It is against that decision, the

company has come up in appeal.

2. A perusal of paragraph 16 of the award would reveal that the policy

certificate shows that it is a package policy and that Section II(1)(i) of

Ext.B1(a) terms and conditions show that the same covers the risk on

account of death of or bodily injury to any person including occupants

carried in the vehicle if not carried for hire or reward. The said clause came

up for consideration before a Division Bench of this Court in New India

Assurance Co.Ltd. v. Hydrose and others(2008(3) KHC 522) and it was

held that such a condition covers the case of a pillion rider. In the light of

the above decision, the contention of the insurance company that it is not

liable to pay the amount to the pillion rider cannot be sustained. Therefore

MACA 1537/2008 -:2:-

the appeal fails and the same is dismissed.

M.N.KRISHNAN, JUDGE

Cdp/-