VASUKI Vs. SANTHI

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeals is to an order passed by the High Court of Kerala at Ernakulam on 17/3/2016 whereby the claim for compensation on account of death of Kumar filed by the children of the deceased was dismissed for the reason that the vehicle belonged to their mother and driven by the father, therefore, the " personal accident coverage " will not be applicable as the coverage under the policy after payment of additional premium cannot be extended to the driver who is not the third party.

(3.) The Motor Accidents Claim Tribunal (in short, " the MACT " ) in its order dtd. 17/8/2015, assessed the compensation payable to the appellants as Rs.3,16,500.00 along with interest at the rate of 9% but the liability to pay such amount was fasten on their mother owner of the car rather than of the insurance company for the reason that the insurance coverage does not extend to the driver who was driving the vehicle with authority of the owner. Learned counsel for the appellant argued that the appellant has paid an extra premium of Rs.100.00 and premium of Rs.50.00 was paid to cover personal accident coverage for owner driver as well as limited liability coverage for the employees respectively. Therefore, in terms of personal accident coverage for the owner and driver, the liability of the insurance compensation is unlimited as a reading of the policy does not show any limit on the quantification of the liability.