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M.A.C.A. No. 944 of 2010. Case: K.T. Kamalakshi Vs Dharmarajan S/o Gopalan, M. Shaiju S/o Dharmarajan and The United India Insurance Company Ltd.. High Court of Kerala (India)

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Case NumberM.A.C.A. No. 944 of 2010
CounselFor Appellant: V.V. Surendran, Adv. and For Respondents: Resmi Nandanan, Adv.
JudgesM.N. Krishnan, J.
IssueMotor Vehicles
Judgement DateAugust 18, 2010
CourtHigh Court of Kerala (India)

Judgment:

M.N. Krishnan, J., (At Ernakulam)

  1. This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P.(MV)No. 1603/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 13,000/- and the insurance company is exonerated from the liability on the ground that as no additional premium is paid, the claimant is not covered by the policy.

  2. Heard the learned Counsel. The learned Counsel had made available before me the receipt issued by the United India insurance Company towards collection of premium. It is very specifically stated therein that an amount of Rs. 7,462/- is received for a motor package policy. So the policy is a motor package policy. By virtue of the clarificatory circular issued by the Insurance Regulatory and Development Authority dated 16.11.2009, passengers travelling in a private car are also covered under the terms and conditions of the standard motor package policy. Further, conditions of the package policy came up for consideration before the two Division Benches of this Court...

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