AI Structured Summary
Not yet generated for this judgment
Judgment
Koshy, J.—Insurance company filed this appeal. Only two grounds are urged. First ground is that the injured in the accident was a pillion rider in a motor cycle and being a gratuitous passenger, he is not entitled to compensation under an Act Policy. The Motor Vehicles Act, 1988 (Central Act No. 59/88) came into force with effect from 1-7-1989. Here the accident occurred after that date. After the introduction of the new Act, such persons are also entitled to the insurance coverage in view of the statutory compulsions under Sections 146 and 147 of the Act as held by the Full Bench of this Court in Oriental Insurance Co. Ltd. v. Ajayakumar (1999 (2) KLT 886). Second ground urged by the insurance company is that the quantum awarded by the Motor Accidents Claims Tribunal is exorbitant. Regarding the quantum, insurance company cannot file an appeal as held by the Apex Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi and others (2002 SC 3350).
In the above circumstance, the appeal is dismissed.