IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 470 of 2010()
1. SREEKUMAR.T.K, S/O.THANKAPPAN,
... Petitioner
Vs
1. SABU.K.B, S/O. BABU,
... Respondent
2. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.JOSHY THANNICKAMATTAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/06/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.NO.470 OF 2010
.............................................
Dated this the 18th day of June, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Ernakulam in OP(MV)No.2205/2002. The
claimant, a pillion rider, sustained injuries in a road accident
and the Tribunal has awarded a compensation of Rs.32,500/=
and exonerated the insurance company from the liability on
the ground that no additional premium is paid for coverage
of pillion rider. Against that, the claimant has come up in
appeal.
2. It is true that when it is only an Act only policy, the
person travelling in a two wheeler will have only the status
of a gratuitous passenger and he cannot be covered by the
conditions of the policy unless wider premium is paid. In this
case policy is a comprehensive policy. But in the case of
comprehensive or package policy, by virtue of a clarificatory
circular issued by the Insurance Regulatory and Development
Authority dated 16.11.2009, it is made clear that persons
travelling in a two wheeler and in a private vehicle are
covered under the terms and conditions of the standard motor
package policy. The conditions of comprehensive/package
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M.A.C.A.NO.470 OF 2010
policy were considered by the two Division Bench decisions
of this Court in the decisions reported in New India
Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and in
Mathew v. Shaji Mathew (2009 (3) KLT 813). Interpreting
the conditions, the court held that since terms and
conditions of the policy cover the risk of pillion rider, no
additional premium was necessary.
3. So, in the light of the clarificatory circular and the
decisions of this Court, comprehensive policy will cover the
risk of pillion rider and therefore exoneration of the insurance
company from the liability is not correct and therefore it
requires interference.
4. So, the appeal is allowed and exoneration of the
insurance company from the liability is set aside. It is
directed to deposit the amount awarded, but it shall not be
liable for the interest from 24.3.2008 to 4.3.2010. The
deposit shall be made 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
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