AI Structured Summary
Not yet generated for this judgment
Judgment
M.N. Krishnan, J.—This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P.(MV)No. 1603/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 13,000/- and the insurance company is exonerated from the liability on the ground that as no additional premium is paid, the claimant is not covered by the policy.
Heard the learned Counsel. The learned Counsel had made available before me the receipt issued by the United India insurance Company towards collection of premium. It is very specifically stated therein that an amount of Rs. 7,462/- is received for a motor package policy. So the policy is a motor package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, passengers travelling in a private car are also covered under the terms and conditions of the standard motor package policy. Further, conditions of the package policy came up for consideration before the two Division Benches of this Court in the decisions reported in New India Assurance Co. Ltd. Vs. Hydrose and Others, and in Mathew Vs. Shaji Mathew and Another, . In both these decisions, this Court held that terms and conditions cover the persons without additional premium. Therefore finding of the Tribunal that insurance company has to be exonerated from the liability is set aside and I do so.
In the result, the MACA is allowed and the finding of the Tribunal exonerating the insurance company from the liability is set aside and it is made liable. The insurance company is directed to deposit the amount awarded within a period of 60 days from the date of receipt of a copy of this judgment.
Disposed of accordingly.