IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1046 of 2009()
1. FAISAL, S/O.MOIDU, AGED 24 YEARS,
... Petitioner
Vs
1. JIJESH, S/O.NANU, KOLADATHIL VEEDU,
... Respondent
2. M.K.SATHYAN, S/O.ANDI, MULLAN KUNIYIL
3. NATIONAL INSURANCE CO.LTD., BRANCH
For Petitioner :SRI.ZUBAIR PULIKKOOL
For Respondent :SRI.RAJAN P.KALIYATH B/O
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/12/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.1046 OF 2009
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Dated this the 21st day of December, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Vadakara in OP(MV)No.642/2003. The
claimant, a pillion rider, sustained injuries in a road accident
and the Tribunal has awarded him a compensation of
Rs.33,000/=. The Tribunal accepted the contention of the
insurance company regarding its liability and exonerated
the insurance company from the liability. It is against that
decision, the claimant has come up in appeal.
2. Admittedly the vehicle is covered by a package policy.
The terms and conditions of the package policy cover the risk
of persons carried in a motor vehicle other than for hire or
reward. This clause came up for consideration before two
Division Benches of this Court in New India Assurance Co.
Ltd.v. Hydrose (2008 (3) KLT 778)and Mathew v. Shaji
Mathew (2009 (3)KLT 813). In both these cases, the Division
Benches had made it very clear that as the terms and
conditions of the policy cover the risk of persons carried in
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a motor vehicle, no additional premium is necessary. Over and
above this, by a circular dated 16.11.2009, the Insurance
Regulatory and Development Authority had also clarified that
the person carried in a motor cycle as a pillion rider is
covered by the terms and conditions of the standard motor
package policy. So, in the light of the above decisions and
the clarificatory order, the insurance company is bound to
pay the amount and therefore, exoneration of the insurance
company from the liability is incorrect and is liable to be set
aside and I do so. The insurance company is made liable.
3. In the result, the MACA is allowed and the award of
the Tribunal exonerating the insurance company from the
liability is set aside and it is made liable to pay the amount.
The insurance company shall deposit the amount within a
period of 60 days from the date of receipt of a copy of this
judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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