The National Insurance Co. Ltd vs Manoj on 2 February, 2010

Kerala High Court
The National Insurance Co. Ltd vs Manoj on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 947 of 2009()


1. THE NATIONAL INSURANCE CO. LTD.,
                      ...  Petitioner

                        Vs



1. MANOJ, AGED 22 YEARS, S/O. BALAN,
                       ...       Respondent

2. K.S.VINOD, S/O. SANKUNNY,

3. SIVADAS, S/O. VELAYUDHAN, VADAKKUMKARA

                For Petitioner  :SMT.RAJI T.BHASKAR

                For Respondent  :SRI.V.BINOY RAM

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

 Dated :02/02/2010

 O R D E R
                       M.N. KRISHNAN, J
                      -------------------------.
                    MACA No.947 OF 2009
                   --------------------------------
        Dated this the 2nd day of February, 2010.

                         J U D G M E N T

This is an appeal preferred by the Insurance Company

against award of the claims Tribunal, Irinjalakuda in O.P.(MV).

No.581/2005. The claimant, a pillion rider sustained in juries

and the Tribunal awarded him a compensation of Rs. 32,600/-.

2. A perusal of para 8 of the award would reveal that the

vehicle is covered by a package policy. By virtue of the

clarificatory circular issued by the Insurance Regulatory and

Development Authority as well as the two decisions of this court

in in 2008 (3) KLT 778 and 2009 (3)KLT 813 ie., New India

Insurance Company Vs. Hydrose and Mathew Vs. Shaji Mathew

the decision it is well settled that the conditions of the policy

covers the risk of the pillion rider. The Tribunal has applied mind

correctly to arrive at a decision. Therefore the appeal lacks

merit and dismissed accordingly.

M.N. KRISHNAN, JUDGE.

sou.

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