High Court Kerala High Court

Omana P.B. vs P.V.Suresh on 18 November, 2009

Kerala High Court
Omana P.B. vs P.V.Suresh on 18 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 267 of 2009()


1. OMANA P.B., AGED 59 YEARS,
                      ...  Petitioner

                        Vs



1. P.V.SURESH, S/O.PONATH VELAYIKUTTY,
                       ...       Respondent

2. ORIENTAL INSURANCE CO.LTD.,

                For Petitioner  :SMT.JEENA JOSEPH

                For Respondent  :SRI.TITUS MANI

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/11/2009

 O R D E R
                      M.N. KRISHNAN, J.
                  ...........................................
                   M.A.C.A.No.267 OF 2009
                  .............................................
          Dated this the 18th day of November, 2009

                         J U D G M E N T

This is an appeal preferred by the claimant against the

award of the Claims Tribunal, Irinjalakkuda in OP(MV)

No.377/2003 whereby the Tribunal has awarded a

compensation of Rs.26.900/= and exonerated the insurance

company from the liability. Challenging the correctness of

the said finding, the appeal is preferred.

2. After perusing the award, I find that the claimant was

hospitalized thrice for a total period of 24 days and nature

of the injury is cerebral concussion. He was initially treated

for ten days as an inpatient. Subsequently again from 4.10.

2002 to 6.10.2002 and from 15.10.2002 to 23.10.2002

Certainly this would have affected her amenities and

therefore, I award an additional compensation of Rs.5,000/=

under that head.

3. The main contention raised in the appeal is

regarding exoneration of the insurance company from the

liability. The learned counsel for the insurance company in

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M.A.C.A.No.267 OF 2009

fairness at my request had produced a copy of the policy

with conditions of the policy. I had perused the policy and it

is very clearly seen that it is a comprehensive policy. When I

use the word comprehensive policy, I am aware that it does

not mean by itself that additional premium is paid for the

coverage of a pillion rider. But these type of comprehensive

policies are followed by the conditions and the conditions

are also made available before me. Section II(i) of the

conditions would reveal that the insurance company has

undertaken to indemnify the insured in respect of death or

bodily injury to any person conveyed in or on the motor

cycle provided, such person is not carried for hire or reward.

The very same clause came up for interpretation before a

Division Bench of this Court in New India Assurance Co.

Ltd v. Hydrose (2008 (3) KLT 778) and it was laid down in

that decision that by virtue of the conditions of the contract,

the insurance company has undertaken to wipe off the

liability and, therefore, there need not be any payment of

additional premium for the coverage of such person. In the

light of this decision and as the policy condition is contained

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M.A.C.A.No.267 OF 2009

in such clause, the insurance company has to be made

liable and I do so.

4. In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.5,000/= with 7% interest on the said sum from the date

of the petition till realisation. The insurance company is

made liable to pay the entire amount awarded by the

Tribunal as well as this Court and the finding exonerating

the insurance company from the liability is set aside. The

insurance company is directed to deposit the said 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