NATIONAL INSURANCE COMPANY LTD Vs. JIJU C.CHERIAN

JUDGEMENT

(1.) The course pursued by the Tribunal in mulcting the entire liability upon the Insurance Company despite the fact that the policy involved is only an 'Act only policy', which does not cover the claimant, is subjected to challenge in this appeal.

(2.) Claimant was proceeding on the motor cycle bearing No. KL 7 V 6698 on 28.10.2005 as a pillion rider. While so, the said two wheeler owned, ridden and insured by the respondents 1 to 3 respectively hit against a pedestrian and capsized, causing serious injuries to the claimant, which was sought to be compensated by filing a claim petition. Rider and the owner of the two wheeler did not contest the matter and were set ex parte. The appellant/insurer specifically contended that the policy issued was an 'Act only policy' and hence there was no liability to compensate the claimant; which was never disputed by the insured.

(3.) After analysing materials on record, the Tribunal held that the accident had occurred only because of the negligence on the part of the rider of the two wheeler. Total compensation payable was fixed as Rs.44,287/-, which was directed to be satisfied with interest @ 8% p.a. from the date of filing the petition and a cost of Rs.1000/-. This is under challenge at the instance of the Insurance Company. The appellant has produced a copy of the policy along with I.A. No. 3441 of 2017 in support of the claim.