National Insurance Company Ltd vs Harikumar A.S. on 22 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1181 of 2008()


1. NATIONAL INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. HARIKUMAR A.S., S/O.SIVAN M.V
                       ...       Respondent

2. BIJUMON @ BIJU, S/O.NARAYANAN,

                For Petitioner  :SRI.P.R.RAMACHANDRA MENON

                For Respondent  :SRI.P.C.HARIDAS

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

 Dated :22/10/2008

 O R D E R
                            M.N.KRISHNAN, J
                       =====================
                         MACA No.1181 OF 2008
                       =====================

                Dated this the 22nd day of October 2008

                               JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Pala in O.P.(MV)No.104 of 2005. The claimant, a pillion

rider sustained injuries in a road accident and the Tribunal directed the

insurance company to pay compensation. It is against that decision, the

company has come up in appeal. It is the contention of the company that as

wider premium is not paid for coverage of a pillion rider, the insurance

company is not bound to indemnify. But, the Tribunal in paragraph 10 of

the award has considered the policy conditions, which are extracted as

follows:

“Subject to the limits of liability as laid down in the
Schedule hereto the Company will indemnify the insured in
the event of an accident caused by or arising out of the used
of the insured vehicle against all sums which the insured shall
become legally liable to pay in respect of
Death of or bodily injury to any person including
occupants carried in the insured vehicle(provided such
occupants are not carried for hire or reward) but except so far
as it is necessary to meet the requirements of Motor Vehicles
Act, the Company shall not be liable where such death or
injury arises out of and in the course of the employment of
such person by the insured.

MACA 1181/2008 -:2:-

Damage to property other than property belonging to
the insured or held in trust or in the custody or control of the
insured”.

The very same 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 held that in the light of the specific conditions enabling the

coverage of a person carried in a motor vehicle under the terms and

conditions of the policy the insurance company is bound to indemnify the

owner. In the light of this decision, one cannot find fault with the Tribunal

for arriving at a decision and the insurance company is bound to pay the

amount. Therefore the appeal lacks merit and the same is dismissed.

M.N.KRISHNAN, JUDGE

Cdp/-