IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3219 of 2009()
1. SHAMSU.S/O. BEERAN, VAYALAKODU HOUSE,
... Petitioner
Vs
1. KAREEM.V.V. S/O. VEERAN,
... Respondent
2. NADIRSHA.P.V., S/O. VEERAN,
3. ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.G.BALAMURALEEDHARAN (PARAVUR)
For Respondent :SRI.TITUS MANI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/12/2010
O R D E R
M.N.KRISHNAN, J
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M.A.C.A.NO.3219 OF 2009
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Dated this the 6th day of December, 2010
JUDGMENT
This is an appeal preferred against the award of the claims
Tribunal, Perumbavur in OP(MV) No.1962 of 2004. The claimant has
been awarded a compensation of Rs.30,630/- and the Insurance
Company has been exonerated from the Tribunal. It is against that
decision the claimant has come up in appeal.
Heard the learned counsel for the appellants as well as the
Insurance Company. The learned counsel for the Insurance Company
had also made available for perusal a copy of the policy. It is also
shows that it is a package policy. The trial Court did not direct the
Insurance Company to make the payment on the ground that no
additional premium is paid for covering the pillion rider. But the position
has changed now. By virtue of clarificatory circular issued by the
Insurance Regulatory and Development Authority dated 16-11-2009
persons carried in two wheeler covered by a package policy are
covered under the terms and conditions of the policy. Further the
conditions of these policies came up for consideration before two
Division Benches of this Court, reported in 2008 (3) KLT 778 New India
M.A.C.A.NO.3219 OF 2009 2
Assurance Co. Ltd., v Hydrose and 2009 (3) KLT 813 Mathew v
Shaji Mathew. In both these decisions the Division Bench have held
that the terms and conditions of the policy cover the risk of the pillion
rider and no additional premium is necessary. In the light of the
clarificatory circular coupled with the judicial pronouncement it has to be
held that the Insurance Company has to be made liable. Therefore, the
award under challenge so far as it relates to the exoneration of
Insurance Company is set aside and it is made liable to pay the
amount. It is made clear that the Insurance Company is not liable to
pay the interest between the period of 22nd August, 2008 and 23rd
December, 2009.
The appeal is disposed of accordingly.
M.N.KRISHNAN,JUDGE
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