IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2357 of 2009()
1. VIJI.K.K,S/O.RAMAN,AGED 28 YEARS,
... Petitioner
Vs
1. JAYANARAYANAN,S/O.NARAYANAN NAMBIAR,
... Respondent
2. ORIENTAL INSURANCE COMPANY LTD,
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.TITUS MANI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. No.2357 OF 2009
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Dated this the 23rd day of February, 2010
J U D G M E N T
This is an appeal preferred against the award of the Clams
Tribunal, Kozhikode in OP(M.V).986/04. The claimant a 23 year
old coolie sustained serious injuries in road accidet and the
tribunal awarded him a compensation of Rs.39,500/- with 7%
interest. It also exonerated the Insurance company from the
liability. Therefore the claimant has come up in appeal
challenging the quantum as well as liability of Insurance
Company.
2. Heard the counsel for all sides.
3. Let me first consider about exoneration of the
Insurance Company from the liability. The learned counsel for
the insurance company on instruction submits that the vehicle is
covered by a package policy. It is also seen so from para six of
the award when it is a package policy. By virtue of a
clarificatory circular issued by the Insurance Regulatory and
Developmental Authority dated 16.11.2009, person traveling in a
MACA.2357/09 2
private vehicle and persons carried in a two wheeler are
covered under the terms and conditions of the Standard Motor
Package Policy. Further the said contention have come up for
consideration before the two Division Benches of this court. In
the decision reported in 2008(3) KLT 778 and 2009 (3) KLT 813
ie., New India Assurance Company Vs. Hydrose and Mathew Vs.
Shaji Mathew, the court held that the conditions cover the pillion
rider. Therefore the Insurance Company cannot get exonerated
from the liability and therefore it is made liable.
4. The second question is regarding enhancement of the
compensation. The tribunal has itself recorded that medical bills
are produced for 29,421/- . It also refers to about Rs.15,000/- as
advance. The court does not enter into the finding whether this
29,421/- takes in the entire advance or not. Whatever it may be
even accepting the same, claimant will be entitled to Rs.5,000/-
as per the bills produced. Similarly on account of long period of
hospitalisation for 20 days the claimant would not have been
even in a position to work for three months. I enhance the
compensation of Rs.1000/- making it a total additional
compensation of Rs.6,000/-. It has also be stated that the
MACA.2357/09 3
Tribunal has only awarded interest of 7%. The apex court held
that interest can be awarded at 7.5 %.
5. In the result, MACA is disposed of as follows:
Claimant is granted an additional compensation of Rs.6,000/-
with 7.5 % interest on the said sum from the date of petition till
realisation. The insurance company is made liable to pay this
amount as well as he original award amount. It is further made
clear that interest shall be at 7.5 % on the entire amount
awarded. The Insurance Company shall deposit the amount
within a period of 60 days from the date of receipt of a copy of
this judgment.
M.N. KRISHNAN, JUDGE
sou.