IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2026 of 2008()
1. THE NEW INDIA ASSURANCE CO.LTD, REGIONAL
... Petitioner
Vs
1. SREELATHA,M W/O.(LATE) V.K.RAJENDRAN,
... Respondent
2. S.SATHEESH KUMAR, S/O.SUKUMARAN,
For Petitioner :SRI.VPK.PANICKER
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2026 OF 2008
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Dated this the 17th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Neyyattinkara in O.P.(MV)110/02.
The claimant had sustained injuries in a road accident as a
pillion rider in a vehicle and the Tribunal has awarded a
compensation of Rs.17,000/-. The insurance company took
up the contention that being a pillion rider and the policy
issued is without collecting additional premium, does not
cover the pillion rider and so it has to be exonerated from
the liability.
In paragraph 13 of the award the Tribunal held that it is
a comprehensive policy and relying on the decision of this
Court reported in Mathew Joseph v. Janaki (2007 (1)
KLT 747(FB) took the stand that the insurance company is
liable to pay the amount. The said approach of the Tribunal
cannot be appreciated. Comprehensive policy by itself does
not mean that it covers the risk of a pillion rider. But being a
M.A.C.A. 2026 OF 2008
-:2:-
B policy the conditions attached to the B policy especially
clause II 1(i) deals with a situation where the insurance
company as per the terms and conditions of the policy
undertakes to cover the risk of a person who is carried in
motorcycle other than for hire or reward. This position was
considered by a Division Bench of this Court reported in New
India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC
522(DB)]. This Court held that in such cases the insurance
company cannot escape from the liability. In the light of the
said decision the contention of the insurance company
cannot be entertained. Therefore the appeal is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-