Partly allowed

National Insurance Company Ltd. v. Jiju C.Cherian

Kerala HC25 Sept 2018MACA/27/2012

Case brief

AI extract

What is this about?

The appeal was allowed, modifying the Tribunal's award to exonerate the appellant insurer from liability towards a pillion rider. The court held that the 'Act only policy' did not cover the rider, so no liability arose under any circumstances.

What did the court decide?

The award passed by the Tribunal stood modified, exonerating the appellant from liability towards the pillion rider; the matter was left open to be realized from other respondents.

National Insurance Company Ltd. Vs Jiju C.Cherian — Insurance | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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MACA.No. 27 of 2012

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AGAINST THE AWARD IN OPMV 754/2006 of SPL.C SPE/CBI-I&3 ADD.DC.ADD MACT,EKM DATED 27-03-2010

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APPELLANT:

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NATIONAL INSURANCE COMPANY LTD MYDHILY MANDHIRAM,JANATHA JUNCTION,PALARIVATTOM,KOCHI-25,REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM.

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BY ADV. SRI.LAL GEORGE

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RESPONDENTS:

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1 JIJU C.CHERIAN AGED 18 YEARS S/O.CHERIAN.C.V, H.NO.38/2886-C,OPP.CBI OFFICE, KATHRIKKADAVU,KALOOR,ERNAKULAM ,KOCHI-17.

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2 C.V.CHERIAN CHETUVATHOOR, 38/2886-C,OPP.CBI OFFICE, KATHRIKKADAVU,KALOOR,ERNAKULAM ,KOCHI-17.

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3 MATHEWS M.THOMAS

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S/O.REV.FR.THOMAS MATHEW, PAZHASANGE,ST.GEORGE MARTHOMA CHURCH,FORT KOCHI,KOCHI-1.

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BY ADVS. SRI. ANIL S.RAJ SMT.ANILA PETER SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SRI.SAJEN THAMPAN SRI.S.SUDHEESH

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA.No. 27 of 2012

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JUDGMENT

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The course pursued by the Tribunal in mulcting the

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entire liability upon the Insurance Company despite the fact that the policy involved is only an 'Act only policy', which does not cover the claimant, is subjected to challenge in this appeal.

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Claimant was proceeding on the motor cycle bearing No. KL 7 V 6698 on 28.10.2005 as a pillion rider. While so, the said two wheeler owned, ridden and insured by the respondents 1 to 3 respectively hit against a pedestrian and capsized, causing serious injuries to the claimant, which was sought to be compensated by filing a claim petition. Rider and the owner of the two wheeler did not contest the matter and were set ex parte. The appellant/insurer specifically contended that the policy issued was an 'Act only policy' and hence there was no liability to compensate the claimant; which was never disputed by the insured.

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After analysing materials on record, the Tribunal held that the accident had occurred only because of the negligence on the part of the rider of the two wheeler.

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MACA.No. 27 of 2012

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Total compensation payable was fixed as Rs.44,287/-,

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which was directed to be satisfied with interest @ 8% p.a. from the date of filing the petition and a cost of Rs.1000/-. This is under challenge at the instance of the Insurance Company. The appellant has produced a copy

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of the policy along with I.A. No. 3441 of 2017 in support of the claim.

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Heard the learned counsel for the appellant as well as the learned counsel appearing for the second respondent/owner of the vehicle as well.

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Nothing is brought to the notice of this Court by

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the learned counsel for the second respondent/owner to show existence of any wider coverage, so as to cover risk of the claimant rider.

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Going by the contents of the policy produced along with I.A., it is quite evident that the risk covered by the appellant insurer was only to the statutory extent; i.e. to meet the requirements in terms of Section 147 of the M.V Act and nothing else. No premium was collected towards the risk of the pillion rider or anybody else.

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MACA.No. 27 of 2012

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In the said circumstances, it cannot but be held

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that the policy issued by the appellant company being an 'Act only policy', no liability arises in respect of the pillion rider under any circumstances. Accordingly, the Award passed by the Tribunal stands modified, exonerating the appellant from the liability and leaving it open to the claimant to have the same realised from the other respondents as ordered by the Tribunal.

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The appeal stands allowed to the said extent.

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Sd/-

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P. R. RAMACHANDRA MENON,

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JUDGE

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kmd

National Insurance Company Ltd. v. Jiju C.Cherian

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Jiju C.Cherian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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