MURALI Vs. P. BALAKRISHNAN AND ORS.

JUDGEMENT

(1.) THE appellant was travelling as a pillion rider in a motor cycle through the National Highway on 28.2.2003. Due to deflection, it appears that the vehicle overturned and he was thrown on the road. Multiple head injuries were caused to him and he was treated in the Medical College Hospital, Thiruvananthapuram. He was aged 26 years at the time of accident and it was claimed that he was an autorickshaw driver earning Rs. 5,000/ - per month.

(2.) THE insurance company contended that the policy is an act only policy and as he was a gratuitous passenger he will not be covered under it and hence the said company is not liable to pay the compensation.

(3.) LEARNED counsel for the appellant relied upon a decision of the Apex Court in Bhagyalakshmi and others v. United India Insurance Company Ltd. and another { : (2009) 7 SCC 148} and that of this Court in Oriental Insurance Co. Ltd. v. Daniel : (2000 ACJ 1391). It is also contended that the instructions of the Tariff Advisory Committee ought to have been relied upon by the Tribunal. The Tribunal considered the matter in paragraph 18 of the award. The Tribunal relied upon the judgment of the Apex Court in United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884 - SC) and the Oriental Insurance Co. Ltd. v. Sudhakaran : (2008 (2) KLT 936 - SC) in rejecting the contentions of the appellant.