Kerala High Court
United India Assurance Co. Ltd vs Baby @ Siby on 22 March, 2010
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1432 of 2008(A)
1. UNITED INDIA ASSURANCE CO. LTD.,
... Petitioner
Vs
1. BABY @ SIBY,
... Respondent
2. SHEBY, -DO-
3. SALIKUMAR.V.R, THEKKEVALYCHIRA HOUSE,
For Petitioner :SRI.P.V.JYOTHI PRASAD
For Respondent :SRI.T.K.KOSHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/03/2010
O R D E R
M.N.KRISHNAN, J
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MACA No.1432 OF 2008
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Dated this the 22nd day of March 2010
JUDGMENT
This appeal is preferred against the award of the Addl.Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1036 of 2003. The claimant therein was a pillion rider to a motor cycle bearing Regn.No.KL- 5L 1161. The insurance company has raised a contention that the pillion rider is not covered by the policy as no additional premium is paid. In paragraph 12 of the award, the Tribunal found that the vehicle was covered by a valid policy. It is specifically stated therein that "going by Ext.B1 it is seen that the 3rd respondent issued a package policy in respect of the vehicle belonged to the 2nd respondent". The Tribunal on a consideration of the materials found that the insurance company is liable to pay the amount and it is against that decision, the insurance company has come up in appeal.
2. Now it is clearly well settled by virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009 that the passengers carried in a private vehicle and the persons travelling in a two wheeler are covered under the terms and conditions of MACA 1432/2008 -:2:- the Standard Motor Package Policy. Further the clause in the package policy came up for consideration before two Division Benches of this Court in the decisions reported in New India Assurance Co.Ltd. v. Hydrose(2008 (3) KLT 778) and in Mathew v. Shaji Mathew(2009(3) KLT 813). In both these decisions, the Division Benches took the view that the terms and conditions of a package policy cover the risk of a pillion rider and therefore no additional premium is necessary. Therefore in the light of the clarificatory circular coupled with the decisions of this Court it has to be held that the insurance company is liable and therefore there is nothing to find against the award of the Tribunal. Therefore the appeal fails and the same is dismissed.
M.N.KRISHNAN, JUDGE Cdp/-