IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1885 of 2008()
1. THE ORIENTAL INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. AJITH VARGHESE, S/O. VARGHESE,
... Respondent
2. JOBY, MOOLEPARAMBIL HOUSE,
For Petitioner :SRI.P.JACOB MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/12/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1885 OF 2008
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Dated this the 5th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Addl.Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1420 of 2004. The
claimant, a pillion rider sustained injuries in a road accident and the
Tribunal has awarded a compensation of Rs.27,050/- with 7% interest. The
insurance company has challenged the decision on the ground that as no
additional premium is collected, a pillion rider is not covered by the policy.
Admittedly, the policy is a package policy which as per Section II(1)(i)
covers the risk of death of or bodily injury to any person including
occupants carried in the insured vehicle provided such occupants are not
carried for hire or reward. This clause came up for consideration before a
Division Bench of this Court in New India Assurance Co.Ltd. v. Hydrose
and others(2008(3)KHC 522) and it was held that when the conditions of
the policy covers the risk of such a person, the insurance company is bound
to indemnify. Therefore in the light of the said decision and the conditions
of the policy, the insurance company is bound to pay the amount. Therefore
MACA 1885/2008 -:2:-
the appeal lacks merit and the same is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-
M.N.KRISHNAN, J
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C.R.P. No OF 200
=====================Dated this the 1st day of January 2008
JUDGMENT
M.N.KRISHNAN, JUDGE
Cdp/-