The High Court of Kerala, Ernakulam bench held that an Act Only policy does not cover injury claims to the rider when no other vehicle is involved. The court quashed compensation awards granted under Section 163-A.
Compensation awards granted under Section 163-A against the insurer companies are set aside.
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 K.VINOD CHANDRAN
WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
MACA.No. 1076 of 2006
AGAINST THE AWARD IN OPMV 783/2001 of ADL.D.C. & MACT,THODUPUZHA DATED 05-04-2005
APPELLANT/S:
UNITED INDIA INSURANCE CO.LTD. REP. BY ITS ADMINISTRATIVE OFFICER,, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD,, KOCHI-11.
BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW
RESPONDENT/S:
1 VASUKUTTAN NAIR
AGED ABOUT 47 YEARS, KANNARAYIL HOUSE,, MATTAPPILLY KARA, AYAPPANCOVIL VILLAGE,, UDUMBANCHOLA TALUK, IDUKKI.
2 SATHI V.NAIR WO.VASUKUTTAN NAIR AGED 43 YEARS, DO. DO.
BY ADVS. SMT.LINDA GEORGE SRI.JIMMY GEORGE (THADATHIL) SRI.T.V.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH MACA.2954/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA Nos.1076/2006 & 2954/2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
MACA.No. 2954 of 2008
AGAINST THE AWARD IN OPMV 807/2002 of MACT ALAPPUZHA DATED 21-12-2007
APPELLANT/S:
THE NEW INDIA ASSURANCE COMPANY LIMITED LIMITED, ALAPUZHA NOW REPRESENTED BY ITS, MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI -11.
BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW
RESPONDENT/S:
1 GIGI THOMAS AND OTHERS KOCHUPURACKAL HOUSE, ANAPARAMBAL NORTH, THALAVADI VILLAGE, KUTTANADU TALUK, ALAPPUZHA.
MACA Nos.1076/2006 & 2954/2008
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2nd page of MACA 2954/2008
BY ADVS.
SRI.ABHILASH BHASKAR SRI.BINU JOHN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH MACA.1076/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1076/2006 & 2954/2008
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MACA No.1076/2006 & 2954/2008
J U D G M E N T
Both the aforesaid appeals are on
distinguishable facts. The question raised by the Insurance Company is identical. Whether the rider
who drove the motor Bike is entitled to compensation for injury suffered in a road traffic accident, when no other vehicle was involved in the accident and the motor bike was covered by an Act only policy. The issue is covered by the decision of a learned Single Judge in MACA No.1899/2009 dated 17.10.2018. The 'Act only' policy does not cover the risk of the owner or driver of a vehicle which is insured; even if the claim is under Section 163A of the Motor Vehicles Act. In such circumstance,the award passed granting
compensation and entitling recovery from the
MACA Nos.1076/2006 & 2954/2008
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Insurance Company are to be set aside.
The appeals are allowed. There is no order
as to costs.
Sd/=
jma
K. Vinod Chandran, Judge
1 issue framed by the court
Whether an Act Only policy covers claims for injury to the rider under Section 163-A of the Motor Vehicles Act.
United India Insurance Co. Ltd.
Vasukuttan Nair
Sathi V. Nair
The New India Assurance Company Limited
Gigi Thomas
Philipose Daniel
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
