IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1601 of 2008()
1. THE NATIONAL INSURANCE CO.LTD,
... Petitioner
Vs
1. K.P.GOPALA PODUVAL, AGED 67,
... Respondent
2. C.N.BALAKRISHNAN, S/O.NARAYANAN,
3. SHAJU, S/O.KESAVAN, VECHILI HOUSE,
For Petitioner :SRI.E.M.JOSEPH
For Respondent :SRI.G.BALAMURALEEDHARAN (PARAVUR)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :19/11/2010
O R D E R
K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A.No.1601 OF 2008
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Dated this the 19th day of November, 2010
JUDGMENT
Basheer, J.
The only question that arises for consideration in this appeal is
whether the Tribunal was justified in exonerating the Insurance
Company from the liability to indemnify the owner of the vehicle. It is
true that the Tribunal, nevertheless, gave liberty to the
appellant/Insurance Company to recover the amount of compensation
from the owner after satisfying the award . The above view was taken
by the Tribunal noticing the fact that a “Package Policy” did not cover
the risk of a passenger in a private car since no additional premium
was paid. However, the issue is no more res integra since it has been
clarified by the Insurance Regulatory Authority that a passenger in a
private car also will be entitled to compensation, if the vehicle is
covered under a Package Policy.
2. Learned counsel for the appellant fairly concedes that in
view of the clarification issued by the Authority, the appellant will be
MACA.No.1601/2008 2
liable to indemnify the owner. It is brought to our notice that the
appellant has already deposited part of the amount awarded by the
Tribunal. Learned counsel submits that the balance amount will also be
deposited without any further delay.
3. In that view of the matter, the impugned award is modified
and it is held that the entire liability to pay compensation to the
claimant shall be cast on the appellant/Insurance Company.
The appeal is disposed of in the above terms.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
sv
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