IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1537 of 2008()
1. THE UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. SUKUMARAN NAIR,
... Respondent
2. THOMAS,
3. FR. ANTO MAMPALLY,
For Petitioner :SMT.RAJI T.BHASKAR
For Respondent :SRI.JOSE JOSEPH (MANNAR)
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.1537 OF 2008
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Dated this the 5th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Kottayam in O.P.(MV)No.1779 of 2004. The claimant, a
pillion rider sustained injuries in a road accident. The Tribunal awarded a
compensation of Rs.22,000/- to the claimant. It is against that decision, the
company has come up in appeal.
2. A perusal of paragraph 16 of the award would reveal that the policy
certificate shows that it is a package policy and that Section II(1)(i) of
Ext.B1(a) terms and conditions show that the same covers the risk on
account of death of or bodily injury to any person including occupants
carried in the vehicle if not carried for hire or reward. The said 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 such a condition covers the case of a pillion rider. In the light of
the above decision, the contention of the insurance company that it is not
liable to pay the amount to the pillion rider cannot be sustained. Therefore
MACA 1537/2008 -:2:-
the appeal fails and the same is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-