IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1505 of 2007()
1. P.BHARGAVAN, AGED 42 YEARS,
... Petitioner
Vs
1. P.P.SHAJI, S/O.CHANDRAN, AGED 27 YEARS,
... Respondent
2. P.HARSHAN, S/O.RAJU, AGED 45 YEARS,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/10/2010
O R D E R
A.K. Basheer & P.Q. Barkath Ali, JJ.
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MACA.No. 1505 of 2007
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Dated this the 18th day of October, 2010
Judgment
Basheer, J:
The short question that arises for consideration is
whether the Motor Accidents Claims Tribunal is justified in
exonerating the Insurance Company from the liability to
pay compensation to the appellant/claimant.
2. It is not in dispute that the accident occurred while
the appellant was travelling as a pillion rider on a two
wheeler. It is also beyond controversy that the policy
issued by the Insurance Company in respect of the said two
wheeler is only an “act only” policy. In other words, no
additional premium was paid by the owner/insured to cover
any other risk. In that view of the matter, the Tribunal in
our view, was justified in holding that the Insurance
Company would not be liable to indemnify the owner and
pay compensation to the pillion rider. Moreover, the
contention of the appellant that he would be entitled to get
compensation under Section 163A of the Act cannot be
countenanced, especially in view of the fact that he had
already received compensation under Section 140 of the
Act.
MACA.1505/2007. : 2 :
There is no merit in any of the contentions raised by
the appellant. The appeal fails and it is accordingly
dismissed.
A.K. Basheer
Judge.
P.Q. Barkath Ali
Judge.
an.