FRANCIS K.T. Vs. SABU AUGUSTINE AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the claimant mainly being aggrieved of the inadequacy of compensation awarded by the Tribunal and also in exonerating the Insurance Company from the liability, despite the fact that there was valid policy coverage in respect of the vehicle involved and further that the same was a 'comprehensive policy' covering the risk of the pillion rider as well. The Tribunal exonerated the Insurance Company by placing reliance on the decision rendered by the Supreme Court in (United India Insurance Co. Ltd. vs. Tilak Singh, 2006 2 KerLT 884) to the effect that pillion rider is not covered under the policy and hence the challenge.

(2.) The accident occurred on 12.05.2002, when the petitioner was travelling as a pillion rider on the a motor cycle bearing No.KL.7X-6391, who sustained injuries when the motor cycle overturned because of rash and negligent riding by the first respondent/owner. After completing the treatment availed in respect of the injuries, the appellant approached the Tribunal by filing the claim petition.

(3.) The first respondent, owner-cum-rider did not choose to contest the matter and was set ex parte . The claim was resisted by the Insurance Company by filing a written statement on general grounds and subsequently, raised additional grounds by way of additional written statement, to the effect that there was no liability for the insurance company to satisfy the claim in so far as no additional premium was collected from the first respondent to cover the pillion rider. The claimant was examined as P.W1 and documents were marked as Exts. A1 to A7 from his side. Copy of the policy was marked as Ext.B1 from the part of the respondents. The Tribunal arrived at a finding that the accident was only because of negligence on the part of the first respondent/rider of the motor cycle.