High Court Kerala High Court

Shamsu. vs Kareem.V.V. on 6 December, 2010

Kerala High Court
Shamsu. vs Kareem.V.V. on 6 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 3219 of 2009()


1. SHAMSU.S/O. BEERAN, VAYALAKODU HOUSE,
                      ...  Petitioner

                        Vs



1. KAREEM.V.V. S/O. VEERAN,
                       ...       Respondent

2. NADIRSHA.P.V., S/O. VEERAN,

3. ORIENTAL INSURANCE CO. LTD.,

                For Petitioner  :SRI.G.BALAMURALEEDHARAN (PARAVUR)

                For Respondent  :SRI.TITUS MANI

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

 Dated :06/12/2010

 O R D E R
                           M.N.KRISHNAN, J
                        --------------------------------
                      M.A.C.A.NO.3219 OF 2009
                    ----------------------------------------
               Dated this the 6th day of December, 2010


                               JUDGMENT

This is an appeal preferred against the award of the claims

Tribunal, Perumbavur in OP(MV) No.1962 of 2004. The claimant has

been awarded a compensation of Rs.30,630/- and the Insurance

Company has been exonerated from the Tribunal. It is against that

decision the claimant has come up in appeal.

Heard the learned counsel for the appellants as well as the

Insurance Company. The learned counsel for the Insurance Company

had also made available for perusal a copy of the policy. It is also

shows that it is a package policy. The trial Court did not direct the

Insurance Company to make the payment on the ground that no

additional premium is paid for covering the pillion rider. But the position

has changed now. By virtue of clarificatory circular issued by the

Insurance Regulatory and Development Authority dated 16-11-2009

persons carried in two wheeler covered by a package policy are

covered under the terms and conditions of the policy. Further the

conditions of these policies came up for consideration before two

Division Benches of this Court, reported in 2008 (3) KLT 778 New India

M.A.C.A.NO.3219 OF 2009 2

Assurance Co. Ltd., v Hydrose and 2009 (3) KLT 813 Mathew v

Shaji Mathew. In both these decisions the Division Bench have held

that the terms and conditions of the policy cover the risk of the pillion

rider and no additional premium is necessary. In the light of the

clarificatory circular coupled with the judicial pronouncement it has to be

held that the Insurance Company has to be made liable. Therefore, the

award under challenge so far as it relates to the exoneration of

Insurance Company is set aside and it is made liable to pay the

amount. It is made clear that the Insurance Company is not liable to

pay the interest between the period of 22nd August, 2008 and 23rd

December, 2009.

The appeal is disposed of accordingly.

M.N.KRISHNAN,JUDGE

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