IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 324 of 2002(B)
1. K.R.SREEDHARAN, S/O. RAMAN,
... Petitioner
Vs
1. SUNNY, S/O. JOHN,
... Respondent
2. P.V.MATHAI, S/O. VARGHESE,
3. THE ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.P.VIJAYAKUMAR
For Respondent :SRI.MATHEWS JACOB(SR)SC INSURANCE(B/O)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :18/01/2008
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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M.F.A.Nos.324 and 339 of 2002
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Dated 18th January, 2008
JUDGMENT
Ko
shy,J.
Appellant in these cases is the owner of a private jeep which
was involved in an accident. Legal representatives of a deceased
passenger and an injured passenger claimed compensation. The vehicle
was covered by an `Act policy’ and passengers were not covered.
Insurance company raised two contentions. First contention of the
insurance company was that it has no liability as it was an `Act policy’
and it is not liable to pay compensation for a gratuitous passenger in a
private vehicle. Secondly it was contended that the vehicle was
overloaded and there is violation of policy conditions. According to the
insurance company, without taxi permit the jeep was conducting trips
inviting passengers to travel. The Supreme Court in United India
Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884) held that
passengers in a private vehicle, unless covered specifically, are not liable
to be covered by the policy of insurance under an `Act policy’. In the
above circumstances, in view of the Apex Court decision, we are unable
to accept the contention of the appellant that insurance company should
be asked to pay the amount and set aside the direction of the Tribunal
MFA.Nos.324 & 339/2002 2
that after depositing the insurance company can recover it from the
appellant. With regard to the quantum of compensation, we are of
the opinion that only just and reasonable compensation was granted.
Only the amount deposited by the insurance company can be
recovered from the appellant.
Both the appeals are dismissed.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks