This Motor Accident Claims Appeal by the insurance company was dismissed. The Court held that the compensation awarded by the Tribunal is reasonable and stated that a comprehensive policy covers pillion riders, barring any attempt to exonerate liability.
Appeal as well as cross-appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931
MACA.No. 83 of 2007() (OP.(MV) NO. 1758/99 OF MACT, TRISSUR.)
APPELLANT(S): APPELLANT/2ND RESPONDENT
THE NEW INDIA ASSURANCE COMPANY LTD., REP.BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11.
BY ADV. SMT.RAJI T.BHASKAR
RESPONDENT(S): PETITIONER & 1 ST RESPONDENT RESEPECTIVELY
ADV. SRI.P.V.CHANDRA MOHAN FOR R.1
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ.
M.A.C.A. No. 83 OF 2007
Dated this the 1st day of April, 2009
JUDGMENT
Ramachandran Nair,J.
Appeal by the insurance company and the belated cross-appeal
for enhancement of compensation by the claimant arise from the same award. After hearing both sides, we are of the view that there is no scope for interference with the compensation awarded by the Tribunal which is above Rs. 10 lakhs. Insurance company's attempt to exonerate from liability cannot be entertained as the policy is a comprehensive one. The Supreme Court in the recent decision in GENERAL MANAGER, UNITED INDIA INSURANCE CO. LTD. V. M. LAXMI, & ORS., 2009 ACJ 104 has stated that a comprehensive policy covers pillion rider also. Even though claimant-respondent was a brilliant student and is now disabled permanently, the compensation awarded is quite reasonable and enhancement is not called for.
We therefore dismiss the appeal as well as cross-appeal.
(C.N.RAMACHANDRAN NAIR) Judge.
(K. SURENDRA MOHAN) Judge.
2
kk
1 issue framed by the court
Whether the compensation awarded by the Tribunal above Rs. 10 lakhs requires interference.
Colour shows how this judgement treated each authority
GENERAL MANAGER, UNITED INDIA INSURANCE CO. LTD. V. M. LAXMI, & ORS.Explained¶21
GENERAL MANAGER, UNITED INDIA INSURANCE CO. LTD. V. M. LAXMI, & ORS., 2009 ACJ 104
1 provisions across 1 enactments
THE NEW INDIA ASSURANCE COMPANY LIMITED
PRADEEP
THE NEW INDIA ASSURANCE COMPANY LIMITED
RENJU T.S.
C.N.RAMACHANDRAN NAIR
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
