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M.A.C.A. No. 922 of 2010. Case: Muruka Das K.G. S/o Gopalan Achari Vs Venugopala Pai, Gurumoorthi S/o Ananthapadmanabhan and United India Insurance Co. Ltd.. High Court of Kerala (India)

Judgment Cited authorities 1 Cited in Precedent Map Related
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Case NumberM.A.C.A. No. 922 of 2010
CounselFor Appellant: P.M. Joshi, Adv. and For Respondents: Unni K.K., Adv.
JudgesM.N. Krishnan, J.
IssueMotor Vehicles
Judgement DateSeptember 07, 2010
CourtHigh Court of Kerala (India)

Judgment:

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

  1. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)340/03. The claimant, a pillion rider to a two wheeler, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs. 26,947/- and exonerated the insurance company from the liability. Respondents 1 and 2 in the claim petitions were made liable to pay the amount. It is against that decision the claimant has come up in appeal for enhancement as well challenging the exoneration of the insurance company from the liability.

  2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award and the documents produced here would reveal that the injury was sustained on 17.1.03 and he was discharged on 20.1.03 with calcanium fracture. The Tribunal awarded Rs. 12,000/- for pain and sufferings, Rs. 5,000/- for actual loss of earnings, Rs. 5,000/- towards loss of amenities and Rs. 3,400/- towards medical expenses. There is no disability certificate produced. I find the Tribunal has has been extremely reasonable in awarding the compensation. Therefore the quantum does not call for any interference.

  3. The next question is regarding the exoneration of the liability. The learned Counsel for the appellant had made available before me a copy of the policy which would show that it is a package policy. The learned Tribunal disallowed the claim on the ground that a pillion rider in a two wheeler is not a third party and...

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