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.
