IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1692 of 2008()
1. SHYAMALA BALU, W/O.LATE BALAU AGED 42
... Petitioner
2. DHANYA.B, D/O.LATE BALU AGED 23 YEARS..
Vs
1. ORIENTAL INSURANCE CO.LTD, BRANCH OFFICE
... Respondent
For Petitioner :SRI.V.K.GOPALAKRISHNA PILLAI
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :06/04/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1692 OF 2008
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Dated this the 6th day of April, 2010
J U D G M E N T
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Basheer, J.
The appellants are the wife and daughter of deceased
Balu, who succumbed to the injuries sustained in a motor
accident. The appellants claimed compensation from the owner
and insurer of the two wheeler in which deceased Balu was
travelling as a pillion rider when the accident took place.
2. The Tribunal, after considering the oral and
documentary evidence on record, found that the appellants are
entitled to get a sum of Rs.10,59,350/- towards compensation.
Since the policy in respect of the two wheeler was only an “Act
Only Policy”, the Tribunal found that respondent No.2,
Insurance Company, would not be liable to indemnify the owner
of the vehicle involved in the accident. Accordingly,
respondent No.2, Insurance Company, was exonerated and
respondent No.1, owner, was directed to pay the compensation
M.A.C.A.No.1692/2008 2
to the appellants. The said finding is challenged by the
appellants in this appeal.
3. Learned counsel for the appellants fairly concedes
that, going by the nature of the policy, the finding of the Tribunal
cannot be faulted. We have also perused the copy of the policy,
which is made available to us. It is evident that the policy is an
“Act Only Policy”. It is seen that no additional premium was
collected by the Insurance Company for the pillion rider.
Therefore, the view taken by the Tribunal is legally valid.
We do not find any reason to interfere with the above
finding entered by the Tribunal. The appeal fails and it is
accordingly dismissed.
(A.K.BASHEER, JUDGE)
(P.Q.BARKATH ALI, JUDGE)
ps