IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1275 of 2008()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. KURIAKOSE V.KORAN,
... Respondent
2. RONYMON T.E., S/O. T.E.EASO,
3. KORAH K.KURIAKOSE,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.MANSOOR.B.H.
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1275 OF 2008
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Dated this the 15th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)515/03. The
claimant a pillion rider sustained injuries in a road accident
and he is awarded a compensation of Rs.27000/- and the
insurance company was directed to pay the amount. The
vehicle was covered by a package policy. The insurance
company has come up in appeal contending for the position
that as no additional premium is paid for the coverage of a
pillion rider the insurance company is not liable to pay the
amount. Now by virtue of the clarificatory circular dated
16.11.2009 of the Insurance Regulatory and Development
Authority insurance company’s liability in respect of
passengers carried in a private vehicle and persons carried in
a two wheeler are covered under the terms and conditions of
Standard Motor Package Policy. The conditions of policy has
come up for consideration before two Division Benches of
M.A.C.A. 1275 OF 2008
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this Court in the decisions reported in New India
Assurance Co. Ltd. v. Hydrose (2008 (3) KLT 778) and
Mathew v. Shaji Mathew (2009 (3) KLT 813). On a
consideration of the materials this Court held that the terms
and conditions of the policy cover the risk of a pillion rider.
Therefore by virtue of the clarificatory Circular as well as by
virtue of the decisions referred to above it has to be held
that the liability of the insurance company cannot be found
against and it is liable. So the appeal lacks merit and the
same is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-