Shajan Varghese vs Jeemol Shajan on 15 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2891 of 2008()


1. SHAJAN VARGHESE, VETTICKAL HOUSE
                      ...  Petitioner
2. ABHILASH.T.ABRAHAM, S/O.ABRAHAM,

                        Vs



1. JEEMOL SHAJAN, W/O.SHANAN VARGHESE
                       ...       Respondent

2. UNITED INDIA INSURANCE CO.LTD.

                For Petitioner  :SRI.V.C.JAMES

                For Respondent  :SRI.P.JAYASANKAR

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

 Dated :15/01/2010

 O R D E R
                      M.N. KRISHNAN, J.
                   ...........................................
                  M.A.C.A.No.2891 OF 2008
                  .............................................
            Dated this the 15th day of January, 2010.

                         J U D G M E N T

This is an appeal preferred against the award of the

Claims Tribunal, Pala in OP(MV)No.545/2007. The claimant, a

pillion rider sustained injuries in a road accident and the

Tribunal has awarded him a compensation of Rs.39,100/=

with 9% interest. The Tribunal exonerated the insurance

company from the liability and directed respondents 1 and

2 to pay the amount. It is aggrieved by that decision,

respondents 1 and 2 in the original petition had come up

in appeal.

2. A perusal of the award would show that the vehicle

was insured by the 2nd respondent under a package policy.

The clause relating to the policy in para-9 is extracted here:

“Subject to the limits of liability as laid
down in the Schedule hereto the Company will
indemnify the insured in the event of an
accident caused by or arising out of the use
of the insured vehicle against all sums which
the insured shall become legally liable to pay
in respect of

death of or bodily injury to any person
including occupants carried in the insured

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M.A.C.A.No.2891 OF 2008

vehicle including the persons carried in a
motor vehicle ( provided such occupants are
not carried for hire or reward) but except so
far as it is necessary to meet the requirements
Motor Vehicles Act, the Company shall not be
liable where such death or injury arises out of
and in the course of the employment of such
person by the insured.

Damage to property other than property
belonging to the insured or held in trust or in
the custody or control of the insured”.

3. This clause had come up for consideration before

the 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). Further by

virtue of the clarificatory circular dated 16.11.2009, the

Insurance Regulatory and Development Authority had also

clarified that occupants carried in a private car and pillion

riders carried in a two wheeler are covered under the

standard motor package policy. Therefore in the light of the

two decisions and the clarificatory order it has to be held

that the insurance company is liable to pay the amount. The

finding to the contra is against law and therefore it is set

aside. The insurance company is made liable.

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M.A.C.A.No.2891 OF 2008

In the result, the MACA is allowed and the finding of

exoneration of liability of the insurance company 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.

M.N. KRISHNAN, JUDGE

cl

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M.A.C.A.No.2891 OF 2008