specified injuries due to an
accident. Therefore, any attempt to treat the amount
received under compulsory personal accident coverage on
par with mediclaim reimbursement ... accident cover provides a predetermined lump sum upon
the occurrence of death, regardless of actual expenses.
Instead, the payout under personal accident coverage
functions almost
said person died. In the light of the
2025:KER:93973
WPC.No.40506/25 4
coverage for the personal accident, the 2 nd respondent ... that, the person who
stepped into the shoes of the owner would also be entitled to
get the coverage of personal accident
argue that in fact the car involved in the accident had valid personal
accident coverage, but it was not produced before the Tribunal ... terms of the personal accident policy. In the
instant case also, admittedly the personal accident coverage is only
Rs.1,00,000/- for a single
seen that
premium of Rs.50/= is collected for personal accident
coverage and extra P.A Rs.70/=. The Tribunal took the
view that since ... personal accident coverage is to be looked
into. Extra premium most probably is collected for
unlimited coverage covering persons under personal
accident coverage. Nothing
death of the owner himself in the accident in the absence of personal accident coverage. Even though its policy in this case is comprehensive, personal ... compensation for personal injuries or by his legal representatives for his death in the absence of personal accident coverage of owner in the policy. Hence
private
package policy, in which additional premium has been paid for
personal accident coverage of the owner. There can be no dispute
with regard ... been paid towards compulsory
personal accident cover. Section III of the policy dealing with
personal accident cover for owner-driver says that the company
undertakes
there was
2026:KER:16008
5
MACA NO. 553 OF 2013
personal accident coverage for an amount of ₹1,00,000/- in
case of death ... standing counsel appearing for the
insurance company agrees that there was personal accident
coverage for an amount of ₹1,00,000/- in case of death
owner and is entitled
to get the amount due under the personal accident coverage.
The standing counsel appearing for the insurer submits that the
amount ... under the personal accident coverage is
₹1,00,000/-, and he is entitled for that amount.
Accordingly, MACA No.254/2014 filed by the insurance
owner and is entitled
to get the amount due under the personal accident coverage.
The standing counsel appearing for the insurer submits that the
amount ... under the personal accident coverage is
₹1,00,000/-, and he is entitled for that amount.
Accordingly, MACA No.254/2014 filed by the insurance
Company & Another
[2020(2)SCC 550], he is entitled for personal
accident coverage as contemplated in the terms
and conditions of the policy ... benefit of
a clause in the policy relating to the personal
accident coverage. The learned counsel for the
Insurance Company resisted this contention by
pointing
