MACA No. 2165 of 2006 · Kerala High Court
Case at a glance
- Decided
- 29 Jun 2007
- Bench
- K PADMANABHAN NAIR
Outcome
Allowed
In the result, appeal is allowed
Key paragraphs
- Para 44. The only challenge in this appeal is regarding the liability of the Insurer to indemnify the insured. Admittedly first respondent was a pillion rider. He produced copy of the policy which was marked as Exhibit A11. According to the appellant though the policy issued…
- Para 66. Parties are directed to appear before the Motor Accidents Claims Tribunal, Alappuzha on 31.7.2007. Interlocutory Application No.2410 of 2007 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. K. PADMANABHAN NAIR, J. ================================ M.F.A. =============================== J U D G M E N T ------------------------------------------------------ 29TH JUNE…
Judgment
Cause title
BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2: ---------------------------------------------------------------------------
1. P.A.VARGHESE,S/O.ANTONY, PUNNAKAL HOUSE, ARTHUNKAL P.O., CHERTHALA.
2. K.SABU, PUNNACKAL, 72/X, CHERTHALA SOUTH PANCHAYAT, ARUTHUNKAL P.O., CHERTHALA.
3. SHIJI, S/O.EYOCHEN, NADUVILAPARAMBIL, THUMPOLI P.O., ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. NO. 2165 OF 2006
= = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of June, 2007
J U D G M E N T ----------------------------
Third respondent-Insurer in O.P(MV) No.814 of 2001 on the file of the Motor Accidents Claims Tribunal, Alappuzha is the appellant. Appeal is filed challenging the award passed by the Tribunal by which the Tribunal directed the appellant to pay the compensation awarded.
First respondent-petitioner filed an O.P. claiming compensation against respondents 2 and 3 and appellant. It was alleged that first respondent was a pillion rider in a motor cycle bearing Reg. No.KL-4/G-6470. When the vehicle reached south of Arthunkal Church, it hit against a person. First respondent fell down from the vehicle and sustained injuries.
He filed the Original Petition claiming compensation. Owner and driver of the vehicle did not appear and contest the case. Appellant alone contested the case. It was admitted that the motor cycle was covered with a valid policy of insurance. Tribunal found that the accident occurred due to M.A.C.A. NO. 2165 OF 2006 -: 2 :- the negligence of the rider of the motor cycle and first respondent is entitled to a compensation of Rs.17,500/-. Appellant-Insurer was directed to pay the said amount. Challenging that part of the award, this appeal is filed.
The only challenge in this appeal is regarding the liability of the Insurer to indemnify the insured. Admittedly first respondent was a pillion rider. He produced copy of the policy which was marked as Exhibit A11. According to the appellant though the policy issued is a comprehensive one, no additional premium was collected and as such the pillion rider is not entitled to any compensation from the company. Appellant relies on the decision reported in United India Ins. Co. Ltd. v. Thilak Singh (2006 (4) SCC 404) in support of its contention wherein it is held that Insurer is not liable to compensate the insured for any injuries sustained by the pillion rider unless additional premium was collected. This aspect of the case was not considered by the Tribunal which requires reconsideration by the Tribunal. For that limited purpose the case has to go back.
Operative part
In the result, appeal is allowed. The findings that M.A.C.A. NO. 2165 OF 2006 -: 3 :- the accident occurred due to the negligence of the driver of the motor cycle and the first respondent is entitled to a sum of Rs.17,500/- as compensation are confirmed. But the award passed by the Tribunal by which the appellant was directed to pay the compensation alone is set aside. The Tribunal is directed to take O.P(MV) No.814 of 2001 back to file and dispose of the same afresh in accordance with law on the question of liability of the Insurer. It is open to the parties to adduce further evidence, if so advised.
Parties are directed to appear before the Motor Accidents Claims Tribunal, Alappuzha on 31.7.2007. Interlocutory Application No.2410 of 2007 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. K. PADMANABHAN NAIR, J. ================================ M.F.A. =============================== J U D G M E N T ------------------------------------------------------ 29TH JUNE, 2007
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, appeal is allowed
Which court decided this case, and when?
Kerala High Court, on 29 Jun 2007. The bench was K PADMANABHAN NAIR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.