IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2098 of 2008()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. JAYAN , AGED ABOUT 32 YEARS,
... Respondent
2. SURESH KUMAR M.R.,
3. AJI, S/O KARTHIKEYAN, PALLACHATHU HOUSE,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/01/2009
O R D E R
M.N.KRISHNAN, J
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MACA No.2098 OF 2008
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Dated this the 22nd day of January 2009
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Ernakulam in O.P.(MV)No.2869 of 2000. The claimant a
pillion rider sustained injuries in a road accident. He has been awarded a
compensation of Rs.15,000/-. It is against that decision, the insurance
company has come up in appeal.
2. The Tribunal has found that the claimant, a pillion rider was not
covered under the terms of the policy. In paragraph 9 of the award, it is
specifically stated that Ext.B1 policy does not cover the risk of a pillion
rider. When the policy does not cover the risk of a pillion rider it means that
the insurance company has not contracted to indemnify the insured with
respect to a pillion rider travelling in a two wheeler. When it is so, it cannot
be directed to pay the amount and recover it from the owner. Such a right of
recovery normally is given in cases where the policy covers the risk of the
person, but there is breach of policy conditions which entitles the insurance
company to raise a defence under Section 149 of the Motor Vehicles Act.
MACA 2098/2008 -:2:-
In such cases, when breach of policy conditions is proved, the liability to a
third party is directed to be paid by the insurance company and get it
reimbursed on account of the breach of policy conditions. Such a
contingency does not arise in the case of a pillion rider who is not covered
by an Act only policy. Therefore the direction of the Tribunal to pay and
recover is not valid which requires interference. Therefore the award passed
by the Tribunal is modified and the insurance company is totally
exonerated from the liability and the claimant is at liberty to proceed
against respondents 1 and 2 in the claim application for recovery of the
amount due under the award.
MACA is disposed of accordingly.
M.N.KRISHNAN, JUDGE
Cdp/-