IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1985 of 2007(Y)
1. ANTO,S/O. KOCHUVAREED,
... Petitioner
Vs
1. GEORGE,S/O. JOSE
... Respondent
2. MANAGER, ORIENTAL INSURANCE CO. LTD
For Petitioner :SRI.P.V.BABY
For Respondent :DR.ELIZABETH VARKEY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/12/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1985 OF 2007
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Dated this the 3rd day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1676/2001.
The claimant, while travelling as a pillion rider, sustained injuries in
a road accident and the tribunal awarded a compensation of
Rs. 36,000/- and exonerated the Insurance Company from the
liability on the ground that the policy issued is only an Act only
policy which does not cover the risk of a pillion rider. It is against
that decision the claimant has come up in appeal challenging the
quantum as well as the finding of the exoneration of the liability of
the Insurance Company.
2. It is the specific contention of the claimant that the policy
issued is a comprehensive policy and it is also submitted that
additional premium has been collected. If additional premium is
collected it goes without saying that it will cover the risk of a pillion
rider. Even otherwise, suppose the usual policy conditions are there
attached to a comprehensive policy which covers the risk of a
person carried in a motor vehicle other than for hire or reward,
M.A.C.A. No. 1985/2007
-2-
even those persons are liable to be indemnified by the Insurance
Company. Therefore the nature of the policy, conditions of the
policy etc. are to be looked into, to decide the matter. Similarly
since the matter is going back, there is nothing wrong to find out
whether the claimant is entitled to additional compensation as
contended by him before this court.
3. Therefore the award under challenge is set aside and the
matter is remit back to the tribunal for considering the matter
afresh including quantum as well as liability after permitting both
sides to produce documentary as well as oral evidence in support of
their respective contentions and then dispose of the matter in
accordance with law.
Parties are directed to appear before the tribunal on 6.1.2009.
M.N. KRISHNAN,JUDGE
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