PREETHA K K Vs. A K JONY

JUDGEMENT

(1.) ONE Chandran who was a lineman working under the Electric Section, Thrissur Municipality while travelling by a Tata Sumo car with his co-workers along the Ernakulam - Thrissur National Highway met with an accident enroute as the vehicle by which he was travelling collided with a lorry which was coming from the opposite direction. As a result of the accident the said Chandran sustained fatal injuries to which he succumbed while in hospital.

(2.) THE appellants who are the legal representatives of the deceased preferred the claim petition before the Motor Accidents Claims Tribunal, Kozhikode claiming a sum of ` 10 lakhs as compensation.

(3.) THERE is a discussion in para 9 of the impugned award regarding the policy issued by the second respondent Insurance Company. Ext.B1 is the policy covering the offending vehicle. It is stated in para 9 that the policy is not an act only policy. From Ext.B1 also it can be seen that the policy is a comprehensive policy. The learned counsel appearing for the first respondent submitted that in claims arising out of the same accident, the Motor Accidents Claims Tribunal, Thrissur has saddled the second respondent Insurance Company with the liability of paying compensation finding that it is a comprehensive policy. As the policy issued by the second respondent was a comprehensive policy, the finding in the award exonerating the second respondent Insurance Company from paying the compensation is unjustifiable and the same has to be interfered with.