New India Assurance Company … vs K.S.Subhagan on 24 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1658 of 2007()


1. NEW INDIA ASSURANCE COMPANY LIMITED,
                      ...  Petitioner

                        Vs



1. K.S.SUBHAGAN, KAYILPARAMBIL HOUSE,
                       ...       Respondent

2. GOPU AGED 15 YEARS,S/O..SUBHAGAN,

3. GOKUL AGED 8 YEARS,S/O.SUBHAGAN,

4. V.G.SHIBU,S/O.GOPALAN,

5. V.G.SAGIRMON,S/O.GOPALAN,

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :SRI.K.RAMANATHAN

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :24/11/2010

 O R D E R

A.K. Basheer & P.Q. Barkath Ali, JJ.

– – – – – – – – – – – – – – – – – – – – – – – – – – – –

MACA. 1658 of 2007-D

– – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Dated this the 24th day of November, 2010
Judgment
Basheer, J:

Appellant-Insurance Company has preferred this

appeal impugning the award passed by the Motor

Accidents Claims Tribunal primarily on the ground that the

Tribunal was not justified in directing the appellant to

indemnify the owner of the offending vehicle, since the

policy issued by the appellant did not cover the risk of a

pillion rider.

2. However when the appeal is taken up for

consideration it is fairly conceded by learned counsel for

the appellant that in view of the clarification issued by the

Insurance Regulatory Development Authority, a package

policy will also cover the risk of a pillion rider. In that

view of the matter the challenge raised by the appellant

against the award cannot be sustained.

The appeal fails and it is accordingly dismissed.

A.K. Basheer
Judge.

P.Q. Barkath Ali
Judge.

an.