Kerala High Court
United India Insurance Company Ltd vs C.I.Abraham on 1 October, 2007
Author: Koshy
Bench: J.B.Koshy, K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1346 of 2000(C)
1. UNITED INDIA INSURANCE COMPANY LTD.
... Petitioner
Vs
1. C.I.ABRAHAM
... Respondent
For Petitioner :SRI.P.MURALEEDHARAN
For Respondent :SRI.RUBIN JOSEPH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :01/10/2007
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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M.F.A.No.1346 OF 2000
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Dated 1st October, 2007
JUDGMENT
Koshy,J.
This appeal is filed by the insurance company against the award of the Motor Accidents Claims Tribunal, Kalpetta. First respondent/claimant was travelling in a tractor sitting on the mudguard. The tractor was used to bring bricks for his house construction. When the tractor overturned into a deep ditch, the claimant sustained injuries. Contention of the appellant is that travelling in the mudguard is prohibited. Therefore, the accident occurred only due to the negligence of the claimant. The tractor was covered by the insurance policy. On going through the policy also we are of the opinion that passengers cannot travel in the tractor as per the policy conditions. Even if he is covered, we are of the opinion that since the accident occurred due to the negligence of the claimant by travelling by sitting on the mudguard, the appellant is not liable to pay compensation. Hence, we allow the appeal and hold that the appellant insurance company is not liable to pay compensation as held by the Tribunal.
J.B.KOSHY JUDGE K.HEMA JUDGE tks