IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2254 of 2008()
1. THE ORIENTAL INSURANCE COMPANY LTD,
... Petitioner
Vs
1. SABI @ SAFFI, S/O.MUHAMMED SALI,
... Respondent
2. ASEEM P., S/O.PEERU MUHAMMED,
For Petitioner :SRI.P.JACOB MATHEW
For Respondent :SRI.SAJU.S.A
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.2254 OF 2008
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Dated this the 24th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Claims Tribunal, Neyyattinkara in OP(MV)No.754/2004. The
claimant, a 21 year old man, sustained injuries in a road
accident while he was riding as a pillion rider. He had
sustained fracture of the malleolus, right ankle and 2nd and
4th toes. He was advised to take rest for 6 weeks. He had
also undergone physiotherapy for some time. It is true that
the tribunal has fixed the disability at 6% without much
materials.
2. This Court also is helpless to fix the disability
correctly, but I do not want to remand the case and keep
the matter pending for a long time. So even in the absence of
disability certificate, considering the fact that he had
sustained fracture of the ankle and two toes, certainly it
would have affected his capacity. I am inclined to fix the
disability at 4%. When it is worked out, the disability
compensation would come to Rs.16,320/= instead of
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Rs.24,480/= making a difference of Rs.8,160/= or in other
words the total compensation has to be reduced and fixed
as Rs.43,070/=.
3. So far as the contention regarding exoneration of
liability is concerned, it is a package policy. By virtue of the
clarificatory circular issued by the Insurance Regulatory and
Development Authority dated 16.11.2009 persons travelling
in private vehicles and pillion riders carried in two wheelers
are covered by the terms and conditions of the standard
motor package policy. Again in the light of the decisions of
this Court reported in New India Assurance Co. Ltd. v.
Hydrose (2008 (3) KLT 778) and in Mathew v. Shaji
Mathew (2009 (3) KLT 813) it has been held that conditions
of the policy will cover the risk of pillion riders. Therefore
the finding of the tribunal that the claimant is covered by the
policy cannot be found fault with.
4. In the result, the MACA is partly allowed and the
claimant is awarded a total compensation of Rs.43,070/=
with 7.5% interest from the date of petition till realisation
and the 3rd respondent insurance company is directed to
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deposit the said amount within a period of 60 days from the
date of receipt of a copy of this judgment. The order
regarding court fee etc as ordered by the tribunal has to be
complied with.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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