IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1480 of 2008()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. ASOKAN, S/O.RAMAN,
... Respondent
2. S.SURESH, S/O.SUKUMARAN,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.SANTHAN V.NAIR
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :01/12/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.No.1461 OF 2008 &
M.A.C.A.No.1480 OF 2008
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Dated this the 1st day of December 2010
JUDGMENT
Basheer, J.
Appellant is the insurer of a two wheeler which was involved in
a road traffic accident. The victim who suffered certain injuries was
a pillion rider on the above vehicle. He claimed compensation from
the owner of the vehicle and its insurer for the injuries sustained by
him.
2. It was contended by the appellant before the Tribunal that
the policy did not cover the risk of a pillion rider. Nevertheless the
Tribunal directed the appellant to indemnify the owner and pay a sum
of Rs.80,250/- towards compensation with 7.5% interest.
3. The above award is under challenge in this appeal which has
been filed with a delay of 97 days. In the facts and circumstances of
the case, we are satisfied that the delay can be condoned. We do so.
4. Learned Senior Counsel who appears for the appellant
submits that in view of the clarification issued by the Insurance
Regulatory Development Authority, the policy which was issued in
M.A.C.A.No.1480 OF 2008
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respect of the vehicle involved in the accident would cover the pillion
rider also. In other words, the learned Senior Counsel submits that
the appellant would be liable to indemnify the owner/insured.
In that view of the matter, there is no merit in the appeal.
Accordingly, it is dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes