IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1045 of 2008()
1. M/S.ROYAL SUNDARAM ALLIANCE INSURANCE
... Petitioner
Vs
1. NOUSHAD, S/O.MOHAMMED, MANGATTIL HOUSE,
... Respondent
2. FASALUL ABID, S/O.MAMMUTTY,
3. NOUSHAD K.P., S/O.MAMMI, KUNNATH
For Petitioner :SRI.S.MAMMU
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/12/2009
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.1045 OF 2008
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Dated this the 7th day of December, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Tirur in OP(MV)No.317/2006. The claimant
sustained injuries in a road accident and the Tribunal has
awarded him a compensation of Rs.85,000/= with 6% interest
and the insurance company was liable to pay the amount.
2. The insurance company raised a contention that as
per the policy, as no additional premium is received, the
insurance company is bound to indemnify even though it is
a package policy. Admittedly the vehicle involved in this case
is a private car covered by a package policy. There are
conditions in the package policy which would reveal that the
insurance company has undertaken to cover the risk of
death or bodily injury to any person including occupants
carried in the vehicle provided such vehicles are not carried
for hire or reward but except so far as it is necessary to
meet the requirements of the Motor Vehicles Act. These
clauses have came up for consideration before the Division
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M.A.C.A.No.1045 OF 2008
Benches of this Court in New India Assurance Co. Ltd. V.
Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji
Mathew (2009 (3) KLT 813) and as per the decisions referred
to above, no additional premium is necessary and by virtue
of the conditions of the policy, the passengers in a private car
and pillion rider are covered by the policy. Subsequently on
16.11.2009 quoting the conditions of the policy, the Insurance
Regulatory and Development Authority has also issued a
circular. The above circular makes it clear that the occupants
carried in a private car and the pillion rider carried in a two
wheeler are covered under the package policy.
3. Therefore in the light of the two authoritative
pronouncements of this Court coupled with the circular
issued by the authority, it has to be held that the insurance
company is liable and therefore, nothing to interfere with
the award.
The appeal fails and it is dismissed.
M.N. KRISHNAN, JUDGE
cl
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M.A.C.A.No.1045 OF 2008