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Oriental Insurance Co. Ltd. – Appellant
Versus
Sudhakaran K. V. – Respondent
If the insurance policy is a full cover policy that explicitly includes coverage for the owner and pillion riders, then their claims would generally be covered under the terms of that policy. A full cover policy typically provides comprehensive protection, including injuries or death of the owner and pillion riders, provided such coverage is clearly specified in the policy documents (!) .
However, if the policy explicitly states that coverage is limited to third-party liability or does not specify coverage for the owner or pillion riders, then their claims may still not be covered, even under a full cover policy. The scope and terms of coverage are critical, and without explicit inclusion, coverage cannot be assumed (!) .
In summary, whether the owner's claim is covered under a full cover policy depends on the specific terms and inclusions detailed within the policy. If the policy explicitly covers the owner and pillion riders, then their claims would generally be recognized. If not, the claims may still be denied despite the policy being termed "full cover."
JUDGMENT
S.B. Sinha, J. —
Leave granted.
1. This appeal is directed against a judgment and order dated 22.3.2006 passed by the High Court of Kerala at Ernakulam in M.F.A. No. 536 of 1999 whereby and whereunder the appeal preferred by the appellant herein from the judgment and award dated 31.10.1998 passed by the Motor Accident Claims Tribunal, Perumbavoor awarding a sum of Rs.1,18,900/-(Rupees One lakh eighteen thousand and nine hundred only) together with interest thereon at the rate of 12% p.a. from the date of the filing of the claim petition till date of realization of the amount against the appellant as also against the owners of the vehicle was dismissed.
2. The basic fact of the matter is not in dispute. Thankamani (hereinafter referred to as the deceased) was travelling as a pillion rider on a scooter on 20.10.1993. She fell down from the scooter and succumbed to the injuries sustained by her. In regard to the said accident, a claim petition was filed.
Appellant having been served with a notice, in its written statement, inter alia, raised a contention that she being a pillion rider and, thus, a gratuitous passenger, the insurance policy did not cover the risk of injury or
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